li1;;  I pIl 

GOVERNMENT  OF  MAHARASHTRA 

LAW  AND  JUDICIARY DEPARTMENT 

Maharashtra Act No.  IV of 1975. 

The  Mumbai  Metropolitan  Region 
Development  Authority  Act,  1974. 

(As modified  upto  the  18th July  2011) 

: 

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1975: Mah. ¡VI  The  Mumbai  Metropolitan  Region  Development 

(i) 

Authority  Act,  1974 

THE  MUMBA!  METROPOLITAN  REGION  DEVELOPMENT 
AUTHORITY  ACT,  1974 

PREAMBLE. 

SECTIONS. 

CONTENTS 

CHAPTER I 

PRELIMINARY. 

Short  title  and  commencement. 

Definitions. 

CHAPTER II 

ESTABLISHMENT  AND  CONSTITUTION  OF  THE  AUTHORITY. 

Establishment  of the  Mumbai  Metropolitan Region  Development  Authority. 
Composition  of  Metropolitan  Authority. 
Powers  and  duties  of  Chairman,  Metropolitan  Commissioner,  etc. 
Meetings  of  the  Metropolitan  Authority. 
Deleted. 
Constitution  and  powers  of Executive  Committee. 
Authentication  of  orders,  etc.,  of Authority  and  Executive  Committee. 
Deleted. 
Constitution  of  Committees. 

9. 
lo.  Members  not  disqualified  from  contesting  elections  or  continuing  as 

1. 

2. 

3. 

4. 

4A. 

5. 

6. 

7. 

7A. 
g 

members  of  State  Legislature  or  local  authorities. 

lOA.  Provision  for  inviting  Government  and  local  authority  officers  to  assist 

or  advise. 

CHAPTER  ifi 

OFFICERS  AND  SERVANTS. 

11. 

Officers  and  servants  of  the  Authority. 

CHAPTER W 

POWERS  AND  FUThCTIONS  OF  THE  AUTHORITY. 

12. 

13. 

14. 

Functions  of  the  Metropolitan  Authority. 

No  other  authority  or  person  to  undertake  certain  development without 
permission  of  the  Authority. 

Powers  of  the  Metropolitan  Authority  to  give  directions. 

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(ii) 

SECTIONS. 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975  :  Mah. ¡V 

15. 

Power  of  Metropolitan  Authority  to  require  local  authority  to  assume 

responsibilities  in  certain  cases. 

16. 

Power  of  the  Metropolitan  Authority  to  execute  any  plan. 

16A.  Power  of  Metropolitan  Authority  to  subscribe  to  the  share  capital  of 
certain  companies  or  co-operative  societies  or  to  contribute  to  corpus 
of  certain  trusts  or  societies. 

17. 

Power  of Authority  to  provide  amenity  within  Brihan  Mumbai. 

CHAPTER V 

FINANCE,  BUDGET  AND  ACCOUNTS 

18. 

Funds  of  the  Metropolitan  Authority. 

18A  Loans  Fund. 

19. 

20. 

21. 

Reserve  and  other  Funds. 

Application  of  Funds,  etc. 

Power  to  Metropolitan  Authority  to  borrow. 

21A.  Power  to  Metropolitan  Authority  to  finance  projects  and  schemes  and 

impose  conditions  therefor. 

21B. 

State  guarantee  to  loans  taken  or  given  by  Authority. 

22. 

23. 

24. 

Accounts  and  Audit. 

Budget. 

Annual  Report. 

24A.  Operations  of  Authority  not  to  be  carried  out  at  a  loss. 

CHAPTER VI 

POWERS  OF  TAXATION 

25. 

26. 

27. 

28. 

29. 

30. 

Power  to  levy  a  cess  on  buildings  and  lands. 

Power  of  Metropolitan  Authority  to  levy  betterment  charges. 

Assessment  of  betterment  charge  by  the  Metropolitan  Authority. 

Settlement  of  betterment  charge  by  arbitrators. 

Payment  of betterment  charge. 

Betterment  charge  a  first  charge  on  land. 

CHAPTER VII 

APPLICATION  OF  WITH  OR  WITHOUT  MODIFICATIONS  OR  EXEMPTIONS 

FROM  CERTAIN  ENACTMENTS  TO  THE  METROPOLITAN  AUTHORITY. 

31. 

Application  of  certain  enactments  to  the  Authority  with  certain 

modifications. 

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1975  :  Mah. 1VJ  The  Mumbai  Metropolitan  Region  Development 

(iii) 

Authority  Act,  1974 
CHAPTER Vm 

ACQUISITION  OF  LAND 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

45. 

46. 

Power  of  State  Government  to  acquire  land. 
Power  of  State  Government  to  require  person  in  possession  of land  to 
surrender  or  deliver  possession  thereof  to  State  Government,  etc. 

Right  to  receive  an  amount  for  acquisition. 

LANDS 

IN  MUNICIPAL  AREAS 

Basis  for  determination  of  amount  for  acquisition  of lands  in  municipal 

areas. 

Apportionment  of  amount  for  acquisition. 
Payment  of  amount  for  acquisition  or  deposit  of  the  same  in  court. 
Powers  of Competent  Authority  in  relation  to determination  of the  amount 

for  acquisition,  etc. 

Payment  of  interest. 
Appointment  of  Competent  Authorities. 
Appointment  of  Tribunal. 

LANDS  IN  Ruiii.  AREAS 

Basis  for  determination  of amount  for  acquisition  of  lands  in  rural  areas 

and  other  procedure. 

Alternative  accommodation to  occupiers  of  residential  premises  where 

any  acquired  building  is  to  be  demolished. 

CHAPTER IX 

MISCELLANEOUS 

Recovery  of  moneys  due  to  the  Authority  as  arrears  of  land  revenue. 
Lump  sum  contribution  by  the Authority  in  lieu  of  taxes  levied by  local 

authorities. 

Deduction from  salary  or  wages  to  meet  claims  of the  Authority  in  certain 

cases. 

46A.  Control  by  State  Government. 
46B. 
46C. 

Power  of  Authority  to  call  for  returns,  reports,  etc. 
Power  to  delegate. 
Officers  and  other  employees  of the  Metropolitan  Authority to  be  public 

47. 

servants. 
47-A.  Co-operation  by  Police. 
48. 

49. 

50. 

51. 

52. 

Indemnity. 
Power  to  make  rules. 
Power  to  make  regulations. 
Effect  of  provisions  inconsistent  with  other  laws. 
Power  to  remove  difficulties. 
Schedule  I. 
Schedule  II. 
Schedule  III. 

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MAHARASHTRA ACT  No.  ¡V  OF  1975.' 
T  MuîvtAI  METROPOLITAN  REGION  DEVELOPMENT  AUTHORITY  ACT,  1974.J 
The  Act  Received  assent  of the  President  on  the  18th  January  1975;  Assent 
was  first  published  in  the  Maharashtra  Government  Gazette,  Part  IV, 
Extraordinary,  dated  the  22nd  January  1975.J 

Amended  by  Mah.  26  of  1975* 
,, 

,, 

,, 

59  of  1975 
(13-1O-1975)t 
29  of  1976 
(16-6-1976)1J 
30  of  1983@(20-5-1983)t 
31  of  1987  (17-11-1987)t 
39  of  1989  (2-11-1989)t 
25  of  1996  (4-1O-1996)t 
35  of  1997. 
5  of2003**  (15-11-2002)t 
18  of  2003 

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AnAct for  forming  2lBrihan  Mumbaij  and  certain  areas  round  about  into  a 
IMumbai  Metropolitan  Regionj,  to  provide for  the  establishment  of  an 
Authority for  the  purpose  of  planning,  co-ordinating  and  supervising the 
proper,  orderly  and  rapid  development  of  the areas  in  that  Region  and  of 
executing  plans,  projects  and  schemes  for  such  development,  and  to  provide 
for  matters  connected  therewith. 
WHEREAS  4Brihan  Mumbaij  and  certain  areas  round  about  are  being 
progressively  developed  and  populated,  and  the  necessity  is  increasingly  felt 
for  forming  these  areas  into  a  Mumbai  Metropolitan  Regionj  and  for  setting 
up  an Authority  for  the  purpose  of planning,  co-ordinating  and  supervising the 
proper,  orderly  and  rapid  development  of  these  areas,  in  which  several  local 
authorities  are  at  present  separately  dealing  with  such  matters  within  their  own 
jurisdictions ;  to  provide  also  that  such  Authority  be  6  enabled  either itself  or 
through  other  authority  to  formulatej  and  execute  plans,  projects  and  schemes 
for  the  development  of this  Metropolitan  Region ;  and  to  provide  for  matters 
connected  with  the  purposes  aforesaid;  It  is  hereby  enacted  in  the  Twenty-fifth 
Year  of  the  Republic  of  India  as  follows  :- 

i 

For  Statement  of  Objects  and  Reasons,  See  Maharashtra  Government  Gazette,  Part 
\Ç  p.  1022. 

*  Maharashtra  Ordinance  No.  I  of  1975  was  repealed  by  Mah.  26  of  1975,  s.  9. 
The  provisions  of  section  2(a)  and  sections  4  to  8  (both  inclusive)  of this  Act  came  into 
force  from  26th August  1975  and the  remaining provisions  were  deemed  to  have  come 
into  force  on the  10th  day  of  May  1975,  [See  Mah.  26  of  1975,  s.  1(2)1. 
Maharashtra  Ordinance  No.  XVI  of  1975  was  repealed  by  Mah.  59  of  1975,  s.  2. 

t  This  indicates  the  date  of commencement  of  the  Act. 
§  Maharashtra  Ordinance  No.  VI  of  1976  was  repealed  by  Mah.  29  of  1976,  s.  22. 
¶  This  indicates  the  date  of  commencement  of the  Act  except  section  14  of  Mah.  29  of 

1976,  section  14  came  into  force  on  the  21st  July  1976. 

@  Maharashtra  Ordinance  No.  X  of  1983  was  repealed  by  Mah.  30  of  1983,  s.  14. 
**  Maharashtra  Ordinance  No.  XV  of  2002  was  repealed  by  Mah.  5  of 2003,  s.  5. 
2  These  words  were  substituted  for  the  words  "Greater  Bombay"  by  Mah.  25  of  1996,  s.  2, 

3  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region",  ibid. ,  s.  2, 

4  These  words  were  substituted  for  the  words  "Greater  Mumbai",  ibid.,  s.  2,  Schedule,  entry 

Schedule,  entry  (2),  sub-entry  i(a). 

Schedule,  entry  (2),  sub-entry  1(b). 

(2),  sub-entry  2(a). 

5  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region",  ibid. ,  s.  2, 

Schedule,  entry  (2),  sub-entry  2(b). 

6  These  words  were  substituted  for  the  words  "enabled  itself to  formulate"  by  Mah.  59  of 

1975,  s.  2. 

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2 

Short  title 

1. 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 
CHAPTER I 
PRELIMINARY 
'  ca11ed  the  Mumbai  Metropolitan  Region 

11975 :  Mah. 1V 

(1)  This  Act  may  be 

and  Development Authority  Act  1974.J 

commencement. 

Definitions. 

(2)  It  shall  come  into  force  on  such  date  as  the  State  Government  may, 

by  notification  in  the  Official  Gazette,  appoint. 

In  this  Act,  unless  the  context  otherwise  requires,- 

2. 
(a)  "amenity"  includes  road,  bridge,  any  other  means  of  communication, 
transport,  supply  of  water  and  electricity,  any  other  source  of  energy,  street 
lighting,  drainage,  sewerage  and  conservancy,  and  any  other  convenience  as 
the  State  Government,  in  consultation  with  Authority,  may  from  time  to  time, 
by  notification  in  the  Official  Gazette,  specify  to  be  amenity  for  the  purposes 
of  this  Act; 

(b)  "3Mumbai  Metropolitan  Regioni"  or  "Metropolitan  Region"  means  the 
area  specified  in  Schedule  I.  The  State  Government  may,  from  time  to  time,  by 
notification  in  the  Official  Gazette,  amend  that  Schedule  by  adding thereto  or 
deleting  therefrom  any  area  specified  in  such  notification  ;  and  thereupon  the 
modified  area  shall  be  the  Mumbai  Metropolitan  Regioni: 

Provided  that,  no  such  notification  shall  be  issued  by  the  State  Government 
unless  it  has  been  laid  in  drafi  before  each  House  of the  State Legislature  and 
has  been  approved by  resolution  in  which  both  Houses  agree;  and  upon  such 
approval,  the  notification  may  be  issued  and  shall  take  effect  in  the  form  in 
which  it  is  so  approved; 

(c)  "development",  with  its  grammatical  variations,  means  the  carrying  out 
of building,  engineering,  mining  or  other  operations  in,  or  over,  or  under  any 
land  (including  land under  sea,  ciek,  river,  lake  or  any  other water)  or  the  making 
of  any  material  change  in  any  building  or  land,  or  in  the  use  of  any  building 
or  land  and  includes  redevelopment  and  layout  and  Sub-divisions  of  any  land 
and  also  the  provisions  of  amenities  and  projects,  and  schemes  for  development 
of  agriculture,  horticulture,  floriculture,  forestry,  dairy  development,  poultry 
farming,  piggery,  cattle  breeding,  fisheries  and  other  similar  activities  ;  and 
"to  develop"  shall  be  construed  accordingly; 

(cl)  "land"  includes  benefits  to  arise  out  of  land,  and  things  attached  to  the 

earth,  or  permanently  fastened  to  anything  attached  to  the  earth; 

(e)  "prescribed"  means  prescribed  by  rules  made  under  this  Act; 

"Regional  Plan"  means  plan  prepared  under  the  provisions  of  the  Mah 
Maharashtra Regional  and  Town  Planning  Act,  1966,  for  the  development  or  xxx 
redevelopment  of 4[Mumbai  Metropolitan  Regionj  as  defined  in  this  Act,  or  for  VII 
any  part  thereof  and  includes  a  drafi  or  final  Regional  Plan  prepared  for  the 
said  region  or  any  Part  thereof  whether  before  or  afler  the  commencement  of 
this  Act  which  is  for  the  time being  in  force; 

66 

i  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region 
Development  Authority  Act,  1974"  by  Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2), 
sub-entry  3. 
26th  day  of  January  1975  (See  G.N.,  UD.,  PH.  and  H.D.,  No.  BMRDA.  1074/ 
Met.  Cell,  24th  January  1975). 

3  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region"  by  Mah. 

2 

25  of  1996,  s.2  Schedule,  entry  (2),  sub-entry  4(a). 

4  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region"  ibid., 

s.  2.  Schedule,  entry  (2),  sub-entry  4(b). 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

3 

(g)  "regulation"  means  a  regulation  made  under  this  Act; 
(h)  "rule"  means  a  rule  made  under  this  Act; 
(i)  Words  and  expressions  used  in  this  Act,  and  not  defined  herein  shall 
Mah 
xxx-  have  the  meanings  assigned  to  them  in  the  Maharashtra  Regional  and  Town 
VII of  Planning Act,  1966. 
1966. 

CHAPTER II 
ESTABLISHMENT  AND  CoNsTITuTIoN  OF  THE  AUTHORITY 

3. 

(1)  As  soon  as  may  be  afler  the  commencement  of this  Act,  the  State  Establishment 

Government  shall  by  notification  in  the  Official  Gazette,  establish,  for  the  of  the 
purposes  of  this  Act  an  authority  to  be  called  "The  Mumbai  Metropolitan 
Region Development  Authority"J  hereinafler  referred  to  as  "the  Metropolitan  Region 
Authority"  or  "the  Authority". 

Development 

(2)  The  Metropolitan  Authority  shall  be  a  body  corporate,  having  perpetual  Author ityl. 

succession  and  a  common  seal,  with  power,  subject  to  the  provisions  of  this 
Act,  to  acquire,  hold  and  dispose  of property,  both  moveable,  and  immoveable 
and  to  contract  and  may  sue  or  be  sued  by  its  corporate  name  aforesaid. 

(3)  The  Metropolitan Authority  shall  be  deemed  to be  a  local  authority  within 
Bom. 
I  of  the  meaning  of the  term  "local  authority"  as  defined  in  the  Bombay  General 
1904.  Clauses  Act,  1904. 

2  4 

(1)  On  and  from  the  date  of  commencement  of  the  Bombay  Composition 

Mah. 
xxx  Metropolitan  Region  Development  Authority  (Amendment) Act,  1983,  in  place  of  the 
of the  existmg  members,  the  Metropohtan  Authonty  shall  consist  of the  following 
members,  namely  :- 

Metropolitan 
Authority. 

of 
1983. 

. 

. 

. 

. 

The  Minister  for  Urban  Development; 

(i) 
(ii)  The  Minister  for  Housing; 
(iii)  The  Minister  of  State  for  Urban  Development; 
(iv)  The  Mayor  of  Mumbaij; 
(y)  The  Chairman,  Standing  Committee,  Municipal  Corporation  of 

4  Brihan Mumbaij; 

(vi),  (vii)  and  (viii)  three  Councilors  of  the  Municipal  Corporation  of 
4Brihan  Mumbaij,  elected  by  the  Corporation,  the  election  being  held  by 
ballot  according  to  the  system  of  proportional  representation  by  means  of 
the  single  transferable  vote; 

(ix)  and  (x)  two  members  of  the  Maharashtra  Legislative  Assembly, 
representing  constituencies  falling,  wholly  or  partly,  within the  limits  of the 
5  [Mumbai  Metropolitan  Regionj,  to  be  nominated  by  the  State  Government; 

i 

These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region  Development 
Authority"  by  Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  5. 

2  Section  4  and  4A  were  substituted  for  the  original  by  Mah.  30  of  1983,  s.2. 
3  These  words  were  substituted  for  the  words  "Mayor  of  Bombay"  by  Mah.  25  of 

1996,  s.2.  Schedule,  entry  (2),  sub-entry  6(a). 

4  These  words  were  substituted  for  the  words  "  Greater  Bombay"  ibid.,  s.  2,  Schedule, 

entry  (2),  sub-entry  6(b). 

5  These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region"  by  ibid., 

s.  2.  Schedule,  entry  (2),  sub-entry  6(c). 

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4 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975  :  Mah. ¡V 

(xi)  one  member  of the  Maharashtra  Legislative  Council,  to  be  nominated 

by  the  State  Government; 

(xii)  The  Chief  Secretary  to  the  Government  of  Maharashtra; 

(xiii)  The  Municipal  Commissioner  of  the  Municipal  Corporation  of 

i [Brihan  Mumbaij; 

(xiv)  The  Secretary  to  the  Government  of Maharashtra,  Urban  Development 

Department; 

(xv)  The  Secitaiy  to  the  Government  of Mahanìshtm,  Housing  Department; 

(xvi)  The  Managing Director,  City  and  Industrial  Development  Corporation 

of  Maharashtra; 

(rvii)  The  Metropolitan  Commissioner. 

(2)  The  Minister  for  Urban  Development  shall  be  the  Chairman,  and  the 
Metropolitan  Commissioner  shall  be  the  Member-Secretary,  of  the  Authority. 

(3)  With  effect  from  the  thte  of  commencement of the  said  Act,  the  Authority 
shall  be  deemed to  be  duly  constituted,  notwithstanding  that  there  may  be  any 
vacancies  as  some  of  the  members  may  not  have  been  elected  or  nominated 
or  appointed  or  for  any  other  reason  may  not  be  available  to  take  office  on 
that  day,  and  the  members  of  the  Authority,  who  may,  from  time  to  time,  be 
available  shall  be  competent  to  exercise,  perform  and  discharge  all  the  powers, 
duties  and  functions  of  the  Authority  from  that  date. 

(4)  The  State  Government  may,  from  time  to  time,  by  notification  in  the 
Official  Gazette,  publish  the  names  of  members,  who  are  elected  under  clauses 
(vi),  (vii)  and  (viii)  or  nominated  under  clauses  (ix),  (x)  and  (xi)  of  sub-section 
(1). 

(5)  The  members  shall  receive  such  allowances  as  may  be  determined  by 
regulation  for  meeting  the  personal  expenditure  in  attending  the  meetings  of 
the  Authority  or  any  Committee  or  body  thereof,  or  in  performing  any  other 
functions  as  members.  Such  regulation  shall  require  the  previous  approval  of 
the  State  Government. 

(6)  Where  a  person  becomes  or  is  elected  or  nominated  or  appointed  as 
a  member  of the  Authority  by  virtue  of  holding  any  office  or  being  a  member 
of the  Legislature  or  any  local  authority,  or  Committee  or body,  he  shall  cease 
to  be  a  member  of  the  Authority,  as  soon  as  he  ceases  to  hold  that  office  or 
to  be  such  member,  as  the  case  may  be. 

(7)  A member  of the  Authority,  other  than  ex-officio  members,  may,  at  any 
time,  by  writing  under  his  hand  addressed  to  the  Chairman,  resign  his  office. 

(8)  No  act  or proceeding  of  the Metropolitan  Authority,  or  of any  Committee 
or  other body  thereof,  shall  be  deemed  to be  invalid  at  any  time  merely  on  the 
ground  that- 

(a)  any  of  the  members  of  the  Authority  or  its  Committee  or  body 
are  not  duly  elected,  nominated  or  appointed  or  for  any  other  reason 

i 

These  words  were  substituted  for  the  words  "Greater  Bombay"  by  Mah.  25  of  1996, 
s.2,  Schedule,  entry  (2),  Sub-entry  6(b). 

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1975 :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

5 

are  not  available  to  take  office  at  the  time  of the  constitution  or  any  meeting 
of  the  Authority  or  of  its  Committee  or  body  or  there  is  any  defect  in  the 
constitution  thereof,  or  any  person  is  a  member  in  more  than  one  capacity 
or  there  are  one  or  more  vacancies  in  the  offices  of  any  such  members; 

(b)  there  is  any  irregularity  in  the  procedure  of  the  Authority  or  such 
Committee  or  body,  affecting  the  merits  of the  matter  under  consideration. 

4A. 

(1)  The  Chairman  of the  Authority  shall  supervise  and  control  all  the  Powers  and 

activities  on  behalf of the  Authority  and  shall  exercise  such  powers  and  perform  duties  of 
Chairman 
such  duties  as  are  conferred  on  him  by  this  Act and  exercise  such  other  powers 
Metropolitan 
and  perform  such  other  duties  as  the  Authority  may,  from  time  to  time,  by  Commissioner, 
regulations  determine. 

etc. 

(2)  (a)  Subject  to  the  provisions  of  sub-section  (1),  the  Metropolitan 
Commissioner  shall  be  the  Chief Executive  Officer  of the  '  Authority;  and  shall 
exercise  such  powers  and  perform  such  functions  or  duties  as  the  Authority 
may,  by  a  resolution  passed  in  this  behalf,  direct.  The  Metropolitan 
Commissioner  may,  by  general  or  special  order,  further  direct  that  such  of the 
powers  or  functions  or  duties  delegated  to  him  as  aforesaid  or  under  sub-section 
(5)  of  section  7  shall  be  exercised  or  performed  by  such  of the  officers  of the 
Authority,  as  may  be  specified  in  such  order.J 

(b)  The  Metropolitan  Commissioner  shall  supervise  and  control  all  its 
officers  and  servants,  including  any  officers of  Government  appointed,  from 
time  to  time,  on  deputation  to  the  Authority  or  any  Committee  or  body  thereof 

(c)  The  Metropolitan  Commissioner  shall  be  responsible  for  collection  of 
all  sums  due  to  the  Authority  and  payment  of  all  sums  payable  by  the 
Authority.  He  shall  ensure  adequate  security  of  all  assets,  including  cash 
balances,  of  the  Authority.  He  shall  also  be  responsible  for  performing  all 
executive  functions  in  connection  with  the  works  of  the  Authority. 

(3)  Subject  to  the  provisions  of  sub-section  (2),  the  Executive  Committee 
shall,  from  time  to  time,  by  order  determine  the  powers  and  duties  of  any 
Additional,  Deputy  and  Assistant  Metropolitan  Commissioners  appointed  under 
section  11.1 

5. 

(1)  The Metropolitan  Authority  shall  meet  at  least  once  in  three  months,  Meetings  of the 

at  such  place  and  at  such  time  as  the  Chairman  may  decide ;  and  shall,  subject  Metropolitan 
to  the  provisions  of  sub-section  (3),  observe  such  rules  of procedure  in  regard  Authority. 
to  the  transaction  of business  at  its  meetings  (including  the  quorum  thereat) 
as  may  be  laid  down  by  regulations. 

2«2)  The  Chairman  shall  preside  at  the  meetings  of the  Authority.  In  the 
absence  of  the  Chairman,  at any  meeting,  any  other member  of the Authority 
elected by  the  members  present  at  the  meeting  shall,  preside  at  such  meeting.J 
i  These  words  were  substituted  for  the  words  "Authority"  by  Mah.  39  of  1989,  s.  2. 
2  Sub-section  (2)  was  substituted  for  the  origional  by  Mah.  30  of  1983,  s.  3. 

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The  Mumbai  Metropolitan  Region  Development 
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(3)  A  member  of  the  Authority,  who  has  or  acquires,  directly  or  indirectly, 
any  share  or  pecuniary  or  other  interest  in  any  contract,  loan,  arrangement  or 
proposal  entered  into,  or  proposed  to  be  entered  into,  by  or  on  behalf of  the 
Authority,  shall  cease  to  be  a  member  of  the  Authority : 

Provided  that,  a  member  shall  not  be  deemed  to  have  any  such  share  or 
interest by  reason  only  of his  being  a  shareholder  of a  public  limited  company 
concerned  in  any  such  contract,  loan,  arrangement,  or  proposal  or  that he  himself 
or  any  relation  of  his  is  employed  by  or  on  behalf of the  Authority,  or  he  has 
such  share  or  interest  in  his  capacity  as  a  member  of  the  Authority,  or  his 
property,  or  any  property  in  which  he  has  a  share  or  interest,  is  or  is  being 
acquired  or  taken  on  lease  by  or  on  behalf of  the  Authority  by  agreement  or 
according  to  any  law  for  the  time being  in  force. 

(4)  If any  question  arises  whether  a  member  of  the  Authority  has  become 
subject  to  the  disqualification  mentioned  in  the  last  preceding  sub-section,  the 
question  shall  be  referred  for  decision  of the  State  Government,  and  its  decision 
shall  be  final. 

6.  Constitution  and powers  of Standing  Committee. J  Deleted  by Ma/i.  30 

of 1983,  s.  4. 

Constitution 
and  powers  of  of the  following  members,  namely:- 

i  7 

(1)  There  shall be  an  Executive  Committee  of the Authority,  consisting 

Executive 
Committee. 

(i) 

the  Chief  Secretary  to  Government; 

(ii) 

the  Metropolitan  Commissioner; 

(iii) 

the  Secretary  to  Government,  Urban  Development  Department; 

(iv) 

the  Secretary  to  Government,  Housing Department; 

(y) 

the  Municipal  Commissioner,  2Mumbai  Municipal  Corporationj; 

(vi) 

the  Managing Director,  City  and  Industrial  Development  Corporation 

of  Maharashtra; 

(vii),  (viii)  and  (ix)  three  members  who  are  experts  in  the  field  of  urban 

planning  and  development,  to  be  appointed  by  the  State  Government. 

(2)  The  Chief  Secretary  shall  be  the  Chairman  of  the  Executive  Committee. 
He  shall  appoint  a  suitable  person  to  be  the  Secretary  of  the  Executive 
Committee. 

(3)  The  Executive  Committee  shall  exercise  the  following  powers  and  perform 

the  following  duties,  namely  :- 
(i)  appointment  of  the  staff; 

(ii)  planning  and  implementation  of projects  and  schemes  of the  Authority, 

including  approval  or  rejection  of  such  projects  and  schemes; 

Section  7  was  substituted  for  the  original  by  Mah.  30  of  1983,  s.  5. 
These  words  were  substituted  for  the  words  "Bombay  Municipal  Corporation"  by 
Mah.  25  of  1996,  5.  2,  Schedule,  entry  (2),  sub-entry  7. 

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The  Mumbai  Metropolitan  Region  Development 
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(iii)  approval  or  rejection  of  tenders  for  projects  and  schemes  of  the 

7 

Authority; 

(iv)  grant  of  permission  or  refusal  of  permission,  on  behalf  of  the 

Authority,  under  sub-section  (3)  of  section  1  3 

(y)  investment  of  surplus  moneys  of 

the  Mumbai  Metropolitan  Region 

Development  Fund J; 

(vi)  institution,  conduct  and  withdrawal  of  any  legal  proceedings  on  behalf 

of  the  Authority; 

2«vii)  the  powers  (except  the  power  to  make  regulations)  delegated  or 
the  functions  or  duties  imposed,  from  time  to  time,  on  the  Executive 
Committee  by  the  Authorityj. 
(4)  The  Executive  Committee  shall  meet  at  such  place  and  at  such  time  as 
may  be  determined  by  its  Chairman,  and  shall  observe  such  rules  of procedure 
as  it  may  determine.l 

3 R5)  The  Executive  Committee  may,  from  time  to  time,  by  a  resolution  passed 
in this  behalf, direct that any power  and any function or  duty which  is conferred 
on  it,  by  or  under  the  provisions  of this  Act,  shall  be  exercised  or  performed 
by  the  Metropolitan  Commissioner.J 

4  7A.  All  proceedings  of  the  Authority  5*  *  *  *  and  the  Executive 
Committee  shall  be  authenticated  by  the  signature  of  the  Chairman  of  the 
Authority,  5*  *  *  *  or  the  Executive  Committee,  as  the  case  may  be,  or  of  any 
member thereof  authorised  by  the  Chairman  in  this  behalf,  and  all  other  orders 
and  instruments  of  the  Authority  shall  be  authenticated  by  the  Metropolitan 
the  Secretary  of the  Executive  Committeej  or  by  any  other 
Commissioner  or 
officer  of  the  Authority  authorised  by  the  Metropolitan  Commissioner  in  this 
behalf.J 

8. 

Constitution  and  powers  of the  Functional  Boards.J  Deleted  by 

Mah.  30  of 1983,  s.  7. 

9. 

(1)  The  Metropolitan  Authority  may  constitute  8*  *  *  *  committees 
consisting  wholy  of  members  of  such  Authority  or  partly  of other  persons  and 
for  such  purpose  or  purposes,  as  it  may  think  fit;  and  entrust  to  any  such  9*  * 
committee  such  powers  as  the  Metropolitan  Authority  may  specify  by 
regulations. 

(2)  The  10*  *  *  committees  constituted  under  this  section  shall  meet  at  such 
place  and  at  such  time,  and  shall  observe  such  rules  of  procedure  in  regard 
to  the  transaction  of business  at  its  meetings  as  may be  provided  by  regulations. 
These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region  Development 
Fund"  by  Mah.  25  of  1996,  Schedule,  entry  (2),  sub-entry  7. 

i 

2  Clause  (vii)  was  added  by  Mah.  39  of  1989,  s.  3(a). 

3 

Sub-section  (5)  was  added,  ibid.,  s.  3(b). 

4  Section  7A was  inserted  by  Mah.  29  of  1976,  s.  5. 
5  The  words  "Standing  Committee"  were  deleted  by  Mah.  30  of  1983,  s.  6(a). 
6  These  words  were  substituted  for  the  words  "and  Standing  and  Executive  Committees" 

ibid.,  5.6(b). 

7  These  words  were  substituted  for  the  words  "the  Financial  Advisor"  by  Mah.  39  of  1989, 

s.  6(b). 

8  The  words  "other  Boards  or"  were  deleted  by  Mah.  29  of  1976,  s.  7(a). 
9  The  words  "boards  or"  were  deleted,  ibid.,  s.  7(a). 
lo  The  words  "boards  and"  were  deleted,  ibid.,  s.  7(b). 
11  The  words  "other  boards  or"  were  deleted,  ibid.,  s.  7(d). 

Authentication 
of  orders  etc., 
of Authority 
6[and  Executive 
Committed 

Constitution 
of  U** 
Committees. 

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11975  :  Mah. 1V 

(3)  The  members  of thel*  *  committees  may  be  paid  such  allowances  for 
meeting  the  personal  expenditure  in  attending the  meetings  and  for  attending 
to  any  other work  of the  ' 
*  *  committees,  as  may  be  provided by  regulations. 

Members  not 

(1)  Notwithstanding  anything  contained  in  any  other  law  for  the  time 
disqualified  being  in  force,  a  member  (including  the  Chairman  or  Vice-Chairman  of  the 
from  contesting  Authority  or  any  of its  Committees  or  boards)  shall  not  be  disqualified for  being 
elections  or  chosen  as  and  for  being  a  member  or  Councilor  of  the  State  Legislature  or 
continuing  as 
members  of  any  local  authority  or  any  committee,  board  or  body  of  such  Legislature  or 
State  authority,  merely  by  reason  of  the  fact  that  he  is  a  member  of  the  Authority 

Legislature  or  any  of  its  Committees  or  boards. 

or  local 
authorities. 

(2)  In  Schedule  I  to  the  Bombay  Legislature  Members  (Removal  of  Bom. 
Disqualifications)  Act,  1956,  afler  entry  15,  the  following  entry  shall be  added,  LII of 
namely :- 
1956. 

"16.  The  office  of the  member  (including  the  Chairman  or  Vice-Chairman)  of 
the  Authority  constituted  under  2the  Mumbai  Metropolitan  Region 
Development  Authority  Act,  1974,J  or  of  any  of  its  Committees  or  Boards  Mah. 
IVof 
,, 
constituted  under  that  Act. 
1975 

. 

Provisionfor 
3 IbA.  The Authority,  4or the  Executive  Committeej  may  invite  any  officer 
Government  of  Government or  local  authority  to  attened  its  meeting  or meetings  as  a  special 
and  local  or  permanent  invitee  for  the  purpose  of  assisting  or  advising  it  on  any  matter 
authority  or  matters.  The  officer  so  invited  may  take  part  in the  proceedings,  but  shall 
officers  to  have  no  right  to  vote  J. 

assist  or  advise. 

CHAPTER ifi 
OFFICERS AND  SERVANTS 

11. 

Officers  and 
(1)  The  State  Government  shall  appoint  a  Metropolitan  Commissioner. 
servantsof  The  State  Government  shall  by  order determine,  from  time  to  time,  the  salary 
Authority.  and  other  terms  and  conditions  of  service  of  the  Metropolitan  Commissioner. 
He  shall  be  appointed  for  such  period not  exceeding  three  years  as  the  State 
Government  may  decide,  and  the  appointment  may  be  extended  from  time  to 
time  for  a  period  not  exceeding  three  years  at  a  time: 

Provided  that,  the  State  Government  may  at  any  time- 

(a)  if the  Metropolitan  Commissioner  holds  a  lien  on  the  service  of the 

State,  recall  him  to  such  service,  afler  consultation  with  the  Authority; 

(b)  remove  him  from  office  if,  it  shall  appear  to  the  State  Government  that 
he  is  incapable  of  performing  the  duties  of  his  office  or  has  been  guilty  of 
any  misconduct  or  neglect  which  renders  his  removal  expedient: 

Provided further  that  if the  Metropolitan  Commissioner  holds  a  lien  on 
the  service  of  the  State,  he  shall  forthwith  be  recalled  to  such  service,  if 
so  requested  by  the  Authority  by  passing  a  resolution  for  his  recall: 

i 

These  words  "boards  and"  and  "boards  or"  were  deleted,  by  Mah.  29  of  1976,  s.  7(c). 

2  These  words  were  substituted  for 

the  words  "Bombay  Metropolitan  Region 
Development  Authority"  by  Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  3. 
Section  lOA  was  inserted  by  Mah.  29  of  1976,  s.  8. 

3 

4  These  words  were  substituted  for  the  words  "Standing  Committee,  the  Executive 

Committee  or  a  Functional  Board"  by  Mah.  30  of  1983,  s.  8. 

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The  Mumbai  Metropolitan  Region  Development 
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Provided  also  that,  the  Metropolitan  Commissioner  may  resign  his  office 
by  tendering  his  resignation  in  writing  to  the  Chairman  of the  Authority  but 
such  resignation  shall  be  effective  only  on  acceptance  by  the  Chairman  of 
the  Authority. 
12* 

* 

* 

* 

*1 

(lB)  The  State  Government  may,  on  a  request being  made  by 

the  Executive 
Committee,J  appoint  one  or  more  Additional,  4Joint,J  Deputy  or  Assistant 
Metropolitan  Commissioners.  The  State  Government  shall  by  order  determine, 
from  time  to  time,  the  salary  and  other  terms  and  conditions  of  service  of  an 
Additional  Metropolitan  Commissioner,  5a  Joint  Metropolitan  Commissioner,J  a 
Deputy  Metropolitan  Commissioner  and  an  Assistant  Metropolitan 
Commissioner.J 

(2)  The  Authority  may,  from  time  to  time,  6sanction  creation  of posts  of other 
officers  and  servants  subordinate  to  the  Authority7*  *  as  it  thinks  necessary.J 
The  conditions  of appointment  and  service  and  the  powers  and  duties  of  such 
officers  and  servants  shall  be  such  as  may  be  determined  by  regulations. 

CHAPTER W 

PowERs AND FumcTIoNs  OF  THE  AUTHORITY. 

12. 

8«])  The  main  object  of  the  Authority  shall  be  to  secure  the  Functions  of 

development  of the  Bombay  Metropolitan Region  according to  the  Regional  Plan,  the 
and  for  that  purpose  the  functions  of  the  Authority  shall  be- 
(a)  review  any  physical,  financial  and  economical  plan; 
(b)  review  any  project  or  scheme  for  development  which  may  be  proposed 
or  may  be  in  the  course  of  execution  or  may  be  completed  in  the 
Metropolitan Region; 

(c)  formulate  and  sanction  for  the  development of the  Metropolitan  Region 

or  any  part  thereof; 

(d)  execute  projects  and  schemes9*  * 
(e)  recommend  to  the  State  Government  any  matter  or  proposal  requiring 
action  by  the  State  Government  or  any  other  authority  for  the  overall 
development  of  the  Metropolitan  Region; 

* 

* 

* 

* 

participate  with  any  other  authority  for  inter-regional  development; 
(g)  finance  any  project  or  scheme  for  the  development  of the  Metropolitan 

Region; 

Sub-sections  (JA)  and  (JB)  were  inserted by  Mah.  29  of  1976,  s.  9(a). 
Sub-section  (JA)  was  deleted by  Mah.  39  of  1986,  s.  5. 
These  words  were  substituted  for  the  words  "the  Standing  Committee"  by  Mah.  30  of 
1983,  s.  9(b). 
This  word  was  inserted  by  Mah.  5  of  2003,  s.  2(a). 
These  words  were  inserted,  ibid.,  s.  2(b). 
These  words  were  substituted  for  the  words  beginning  with  "appoint"  and  ending  with 
"considers  necessary,"  by  Mah.  29  of  1976,  s.  9(b). 
The  brackets  and  words  "(including  any  functional  Board)"  were  deleted  by  Mah.  30  of 
1983,  s.  9(c). 
Sub-section  (J)  was  substituted  for  the  original  by  Mah.  29  of  1976,  s.  10. 
The  words  "on  the  directions  of the  State  Government"  were  deleted  by  Mah.  30  of 
1983,  s.  10. 

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11975  :  Mah. 1V 

(h)  co-ordinate  execution  of the  projects  or  schemes  for  the  development 

of  the  Metropolitan  Region; 

(i)  supervise  or  otherwise  ensure  adequate  supervision  over the  planning 
and  execution  of  any  project  or  scheme,  the  expenses  of  which,  in  whole 
or  in  part,  are  to be  met from 
the  Miimbai  Metropolitan Region  Development 
Fund j 

(i)  prepare  schemes  and  advise  the  concerned  authorities  in formulating 
and  undertaking  schemes  for  development  of  agriculture,  horticulture, 
floriculture,  forestry,  dairy  development,  poultry  farming,  piggery,  cattle 
breeding,  fisheries  and  other  similar  activities; 

(k)  prepare  and  implement  schemes  for  providing  alternative 
accommodation  and  for  rehabilitation  of  persons  displaced  by  projects  and 
schemes  which  provide  for  such  requirements; 

(1)  do  all  such  other  acts  and  things  as  may  be  necessary  for,  or  incidental 
or  conducive  to,  any matters  which  arise  on  account  of its  activity  and  which 
are  necessary  for  furtherance  of  the  objects  for  which  the  Authority  is 
established.J 
(2)  Notwithstanding  anything  contained  in  the  Maharashtra  Regional  and  Mah. 

Town  Planning  Act,  1966,  or  any  other  law  for  the  time  being  in  force,  the 
Authority  may  at  any  time  undertake  a  revision  of  the  Regional  Plan  for  the  196 
Metropolitan Region  or  any  part  thereof  prepared  under  the  said  Act,  and  shall 
for  this  purpose  have  all  the  powers  of  a  Regional  Planning  Board  constituted 
under  section  4  of  that  Act,  and  undertake  such  revision  in  accordance  with 
the  provisions  of  that  Act. 

(3)  The  Authority  may  also  in  consultation  with  the  Planning  Authority 
concerned,  for  the  purpose  of the  integrated  development  of the  Metropolitan 
Region,  undertake  modification  or  revision  of the  Development  Plans  under  the 
Act  aforesaid  for  the  area  of the  Planning Authority  and  shall  for  this  purpose 
have  all  the  powers  of  a  Planning  Authority  under  that  Act. 

No  other 

13. 

(1)  Notwithstanding  anything contained  in  any  law  for  the  time  being 
authority  or  in force,  except  with  the  previous  permission  of  the Authority,  no  authority  or 
undertake  person  shall  undertake  any  development  within  the Metropolitan  Region  of the 
certain  type  as  the  Metropolitan  Authority  may  from  time  to  time  specii,  by  notification 
development  published  in  the  Official  Gazette,  and  which  is  likely  to  adversely  affect  2the 

overall  developmentj  of  the  Metropolitan  Region. 

(2)  Any  authority  or  person  desiring  to  undertake  development  referred  to 
Authority.  in  sub-section  (1)  shall  apply  in  writing  to  the  Metropolitan  Authority  for 

without 
permission 
of  the 

permission  to  undertake  such  development. 

(3)  The  Metropolitan  Authority  shall,  after  making  such  inquiry  as  it 
deems  necessary  and  within  60  days  from  the  receipt  of  an  application 
under  sub-section  (2),  grant  such  permission  without  any  conditions  or 
with  such  conditions  as  it  may  deem  fit  to  impose  or  refuse  to  grant  such 

i  These  words  were  substituted  for  the  words  "the  Bombay  Metropolitan  Region 
Development  Fund"  by  Mah.  25  of  1996,  s.2,  Schedule,  entry  (2),  sub-entry  8. 

2  These  words  were  substituted  for  the  words  "the  integrated  development"  by  Mah.  29  of 

1976,  s.  11. 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11 

permission.  'If the  Authority  fails  to  communicate  its  decision  to  grant  or 
refuse  permission  to  the  applicant  within  sixty  days  from  the  date  of  receipt 
of  his  application,  or  within  sixty  days  from  the  date  of  receipt  of  compliance 
of  requisition,  if  any  made  by  the  Secretary  of the  Executive  Committee  or 
any  officer  authorised  by  him,  whichever  is  later,  such  permission  shall  be 
deemed  to  have  been  granted  to  the  applicant  on  the  date  immediately 
following  the  date  of expiry  of  such  sixty  days,  but  subject  to  the  provisions 
of  the  Regional  Plan  or  the  Regulations  or  the  Development  Control  Rules, 
if any,  applicable  for  the  time  being  to  such  development.J 

(4)  Any  authority  or  person  aggrieved  by  the  decision  of  the  Metropolitan 
Authority  under  sub-section  (3),  may,  within  30  days,  appeal  against  such 
decision  to  the  State  Government,  whose  decision  shall  be  final: 

2Provided  that,  where  the  aggrieved  authority  submitting  such  appeal  is 
under Administrative  control  of  the  Central  Government,  the  appeal  shall  be 
decided  by  the  State  Government,  after  consultation  with  the  Central 
Government.J 

(5)  In  case  any  person  or  authority  3contravenes  any  condition  imposed 
under  sub-section  (3)  orj  does  anything  contrary  to  the  decision  given  under 
sub-section  (4),  the  Authority  shall  have  power  to  pull  down,  demolish  or 
remove  any  development  undertaken  contrary  to  such  decision  and  recover 
the  cost  of  such  pulling  down,  demolition  or  removal  from  the  person  or 
authority  concerned. 

14. 

(1)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  Power  of the 

being  in  force,  the  Metropolitan  Authority  may  give  such  directions ¶ to  Metropolitan 
any  local  authority,  or  other  authority  or  personj  with  regard  to  the  Authority  to 
implementation  of any  development project  or  scheme  financed  under  section  directions. 
12,  as  it  thinks  fit,J  and  6any  such  authority  or  personj  shall  be  bound  to 
comply  with  such  directions. 

(2)  Where  any  direction  is  given  to  any  authority  7or  personj  under  sub- 
section  (1),  such  authority  7or personj  may,  within fifteen  days  from  the  date 
of  receipt  of  such  direction,  appeal  to  the  State  Government  against  such 
direction,  and  the  decision  of  the  State  Government  thereon  shall  be  final. 

(3)  The  Metropolitan  Authority  shall  so  exercise  the  powers  of 
supervision  referred  to  in  8clause  (i)J  of  sub-section  (1)  of  section  12  as 

i  This  portion  was  substituted  for  the  portion  beginning  with  the  words  "If  such 
permission"  and  ending  with  the  words  "by  the  Authority"  by  Mah.  39  of  1989,  s.  6. 

2  This  proviso  was  added  by  Mah.  26  of  1975,  s.  5. 
3  These  words,  brackets  and  figures  were  inserted  by  Mah.  30  of  1983,  s.  11. 
4  This  portion  was  substituted  for  the  portion  beginning  with  the  words  "with  regard to" 
and  ending  with  the  words  and  figures  under  section  12  by  Mah.  59  of  1975,  s.  5. 
5  These  words  were  substituted  for  the  words  "to  any  authority"  by  Mah.  29  of  1976,  s. 

12  (a)(i). 

6  These  words  were  substituted  for  the  words  "such  other  authority",  ibid.,  s.  12(a)(ii). 
7  These  words  were  inserted,  ibid.,  s.  12(b). 
8  This  words  and  brackets  were  substituted  for  the  word  and  brackets  "clause  (c)", 

ibid.,  s.  12(c). 

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12 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975 :  Mah. 1V 

may  be  necessary  to  ensure  that  each  development  project  or  scheme  is 
executed  in  the  interest  of  the  overall  development  of  the  Bombay 
Metropolitan  Region,  and  in  accordance  with  any  plan,  project  or  scheme 
duly  approved  under  any  law  for  the  time  being  in  force  or  by  the  State 
Government. 

. 

responsibilities 
in  certain 

Power  of 

15.  Where  any  amenities  are  provided  by  the  Metropolitan  Authority, 
Metropolitan  the Authority  may  assume  responsibility  for  the  maintenance  of  the  amenities 
requirelocal  which  have  been  provided by  it  or  may  require  the  local  authority,  within 
authority  to  whose  local  limits  the  area  so  developed  is  situated,  to  assume  such 
assume  responsibility  for  the  maintenance  of the  amenities,  and  for  the  provision 
.  of  such  other  amenities  which  have  not  been  provided  by  the  Metropolitan 
cases.  Authority,  but  which  in  its  opinion  should  be  provided  in  the  area,  on  such 
terms  and  conditions  as  may  be  agreed  upon  between  the  Metropolitan 
Authority  and  that  local  authority;  and  where  such  terms  and  conditions 
cannot  be  agreed upon,  on  such  terms  and  conditions  as  may  be  specified 
by  the  State  Government,  in  consultation  with  the  local  authority  and  the 
Metropolitan  Authority. 

. 

. 

. 

. 

16. 

(1)  Where  the  Metropolitan  Authority  is  satisfied  that  any  direction 
Power  of the 
Metropolitan  given  by  it  under  sub-section  (1)  of  section  14  with  regard  to  any 
executeany  development  project  or  scheme  has  not  been  carried  out  by  the  authority 
plan.  referred  to  therein,  within  the  time  specified  in  the  direction  or  that  any  such 
authority  is  unable  to  fully  implement  any  project  or  scheme  undertaken  by 
it  for  the  development  of  any  part  of  the  Region,  the  Authority  may,  with 
the  sanction  of the  State  Government,  itself  undertake  any  works  and  incur 
any  expenditure  for  the  execution  of  such  development  projects  or 
implementation  of  such  schemes,  as  the  case  may  be,  and  recover  the  cost 
thereof  from  the  concerned  authority. 

(2)  The  Metropolitan  Authority  may  also  undertake  any  work  in  the 
Region  i  of development  in  accordance  with  the  Regional  PlanJ  as  may  be 
directed  by  the  State  Government  and  may  incur  such  expenditure  as  may 
be  necessary  for  the  execution  of  such work.  2Such  direction  may  be  issued 
to  the  Authority  only  where  in  the  opinion  of  the  State  Government  (a)  there 
is  no  other  suitable  authority  to  undertake  such  work,  or  (b)  where  there 
is  such  an  authority  but  it  is  unwilling  or  unable  to  undertake  such  work, 
or  (c)  where  the  Metropolitan  Authority  has  specifically  requested the  State 
Government  to  entrust  such  work  to  itj. 

(3)  Where  any  work  is  undertaken by  the  Metropolitan  Authority  under 
sub-section  (1),  it  shall  be  deemed  to  have,  for  the  purposes  of the  execution 
of such  work,  all  the  powers  which  may  be  exercised by  or  under  any  law 
for  the  time  being  in  force  by  the  authority  referred  in  sub-section  (1). 

(4)  The  Metropolitan  Authority  may,  for  the  purpose  of  sub-sections  (1) 
and  (2) ,  undertake  the  survey  of  any  area  within  the  Metropolitan  Region 
and  for  that  purpose  it  shall  be  lawful  for  any  officer  or  servant  of  the 
Metropolitan  Authority- 

i 

These  words  were  inserted,  by  Mah.  29  of  1976,  s.  13(a). 

2  This  portion  was  added,  ibid.,  s.  13(b). 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 
(a)  to  enter  in  or  upon  any  land  and  to  take  level  of  such  land; 
(b)  to  dig  or  bore  into  the  sub-soil; 
(c)  to  mark  levels  and  boundaries  by  placing  marks  and  cutting 

13 

Power  of 
Metropolitan 
authority  to 
subscribe  to  the 
share  capital  of 
certain 
cornpanies  or 
co- operative 
societies  or  to 
contribute  to 
the  corpus  of 
certain  trusts 
or  societies. 

Power  of 
Authority  to 
provide 
arnenity  within 
Brihan 
Murnbai. 

trenches; 

(cl)  where  otherwise  the  survey  cannot  be  completed  and  levels  taken 

and  bounthries  marked,  to  cut  down  and  clear  away  any  fence  or  jungle 
Provided  that,  before  entering  upon  any  land,  the  Metropolitan  Authority 
shall  give  notice  of its  intention  to  do  so  in  such  manner  as  may  be  specified 
in  the  regulations. 

i  16A.  The  Metropolitan  Authority  may,  with  the  previous  sanction  of 
the  State  Government  and  subject  to  such  terms  and  conditions,  as  the  State 
Government  may  impose,- 

(i)  subscribe  to  the  share  capital  of  any  public  limited  company 
incorporated  under  the  Companies  Act,  1956  or  a  Co-operative  society, 
with  limited  liability  registered  under  the  Maharashtra  Co-operative 
Societies  Act,  1960;  or 

(ii)  contribute  to  the  corpus  of  a  trust  created  under  the  Indian  Trusts 
Act,  1882,  or  public  trust  registered  under  the  Bombay  Public  Trusts  Act, 
1950,  or  a  society  registered  under the  Societies  Registration  Act,  1860, 
which  are  incorporated  or  registered  and  promoted  by  the  Metropolitan 
Authority  with  the  object  of providing  any  services  or  for  performing  any 
functions  which  are  directly  or  indirectly  conducive  to  the  duties  and 
functions  of the  Authority  under  this  Act  or  any  other  law  for  the  time 
being  in  force 
Provided  that,  the  amount  of such  subscription  or  contribution  in  a  year 
shall  not  exceed  ten per  cent  of the  net  income  of  the  Authority  in  the  last 
preceding  year.J 

i  of 

XXIV 

196v 
18f 

Born. 
XXIX 
195f 

2 1  of 
1860. 

2  17. 

(1)  Notwithstanding  anything  contained  in  this  Act  or  the  Mumbai 
Born. 
1888.  Municipal  Corporation  Act  or  any  other  law  for  the  time  being  in  force,  the 
Authority  may,  in  consultation  with  the  Municipal  Commissioner  of  the 
Brihan  Mumbai  Municipal  Corporation,  prepare  any  project  or  scheme  with 
a  view  to  provide  an  infrastructure  within  the  territorial  limits  of  the  Brihan 
Mumbai  Municipal  Corporation  and  execute  the  same. 

Explanation.-  For  the  purposes  of  this  section,  the  term  "infrastructure" 
shall  also  mean  and  include  streets,  roads,  bridges  and  any  other  means  of 
transport  and  communication  and  activities  related  or  incidental  for  the 
Born. 
III of  execution  of  such  infrastructure  project  or  scheme  and  shall  not  include  other 
i 888. 
items  specified  in  sections  6 1  and  63  of the  Mumbai  Municipal  Corporation 
Act. 

(2)  For  the  purposes  of preparation  and  execution  of  a  project  or  scheme 
under  sub-section  (1),  the  Metropolitan  Commissioner  and  the  Authority 
shall  be  deemed  to  be  the  Municipal  Commissioner  and  the  Corporation, 
respectively,  under  the  Mumbai  Municipal  Corporation  Act  and  the 
1888.  Maharashtra Regional  and  Town  Planning Act,  1966,  and  shall,  respectively, 
Mah.  exercise  the  powers  of the  Municipal  Commissioner  and  the  Corporation 

E?I 

under  the  said  Acts. 

1966. 

i 

Section  16A  was  substituted  by  Mah.  18  of  2003,  s.  2. 
2  This  section  was  substituted  by  Mah.  5  of  2003,  s.  3. 

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14 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975  :  Mah. 1V 

(3)  Notwithstanding  anything  contained  in  the  Maharashtra  Slum  Areas  Mah. 

(Improvement,  Clearance  and  Redevelopment)  Act,  i 97 1  ,  for  the  purposes 
of  preparation  and  execution  of  the  projects  and  schemes  under  sub-section 
(1),  the  Metropolitan  Commissioner  shall  be  deemed  to  be  a  Slum 
Rehabilitation  Authority  under  the  said  Act  and  shall  have  all  the  powers 
and  discharge  all  the  duties  of the  concerned  Slum  Rehabilitation  Authority 
under  the  said  Act,  for  the  said  purposes. 

71 

(4)  Notwithstanding  anything  contained  in  section  20  of  the  Bombay  Born. 
Motor  Vehicles  Tax  Act,  1958  or  any  other  law  for  the  time  being  in  force,  LXV 
the  Authority  may  charge  toll  for  the  use  of  the  amenity  provided  by  it: 
Provided  that,  the  amount  of  toll  shall  not  be  more  than  the  capital  outlay 
or  expenses  incurred  by  the  authority  on  such  project  scheme  and  expenses 
incurred  for  collection  thereof. 

58 

Explanation  -  For  the  purposes  of  this  section,  the  expression  "capital  Born. 
outlay"  shall  have  the  same  meaning  as  assigned  to  it,  in  the  Explanation  LXV 
to  sub-section  (lA)  of  section  20  of  the  Bombay  Motor  Vehicles  Tax  Act, 
1958.J 

58 

CHAPTER V 

FINANCE,  BUDGET  AND  ACCOUNTS 

(1)  There  shall  be  a  fund  for  the  Metropolitan  Authority  to  be  called 
Funds  of  the 
Metropolitan  1Mumbai  Metropolitan  Region  Development  Fundj  to  which  shall  be 

18. 

Authority.  credited  all  moneys  received  by  the  Authority,  including- 

* * 
I 

(b)  a  contribution  to  be  made  by  the  State  Government  of  a  sum  of 
not  less  than  rupees  ten  crores  towards  a  revolving  fund  to  be  established 
by  the  Authority,  in  such  installments,  as  the  State  Government  may 
determine  in  accordance  with  the  schemes  included  in  the  State  Plan  and 
under  appropriation  duly  made  in  this  behalf,  which  contribution  shall  be 
utilised  by  the  Authority  for  such  planned  development  as  the  State 
Government  may,  from  time  to  time,  approve; 

(c)  such  other  moneys  as  may  be  paid  to  the  Authority  by  the  State 

Government; 

(cl)  such  moneys  as  may  be  paid  to  the  Authority  by  the  Union 

Government  or  any  other  authority  or  agency; 

(e)  the  sums  placed  at  its  disposal  by  the  State  Government  from  out 

of  the  proceeds  of  any  cess  levied  under  Chapter  VI; 

the  proceeds  of  any  betterment  charge  levied  under  Chapter  IV; 
(g)  all  fees,  costs  and  charges  received  by  the  Authority  under  this 

Act  or  any  other  law  for  the  time  being  in  force; 

(h)  all  money  received  by  the  Authority  from  the  disposal  of  lands, 
buildings  and  other  properties,  moveable  and  immoveable,  and  other 
transactions 

i  These  words  were  substituted  for  the  words  "Bornbay  Metropolitan  Region 
Developrnent  Fund"  by  Mah.  25  of  1996,  s.2,  Schedule,  entry  (2),  sub-entry  lo. 

2  Clause  (a)  was  deleted  by  Mah.  35  of  1997,  s.2. 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 
(i)  all  moneys  borrowed  by  the  Authority; 
O)  all  moneys  received  by  the  Authority  by  way  of  rents  and  profits 

15 

or  in  any  other  manner  or  from  any  other  source. 
(2)  The  Metropolitan  Authority  may  keep  in  current  or  deposit  account 
with  the  State  Bank  of India  or  with  any  Scheduled  Bank  as  defined  in  the 
II  of  Reserve  Bank  of India  Act,  1934,  which  holds  a  licence  issued  by  the  Reserve 
i 9 3 4  Bank  of  India under  section  22  of  the  Banking Regulation  Act,  i 949,  or  with 
X of  any  other  bank  approved by  the  State  Government  in  this  behalf,  such  sum 
1949.  of money  out  of its  Fund  as  may  be  prescribed,  and  any  money  in  excess 
of the  said  sum  shall  be  invested  in  such  manner  as  may  be  approved  by 
the  State  Government. 

(3)  Such  accounts  shall  be  operated  upon  by  such  officers  of  the 
Metropolitan  Authority  as  may  be  authorised  by  it  by  regulation  made  in 
this  behalf. 
i  18A. 

(1)  As  a  part  of 2the  Mumbai Metropolitan  Region  Development 
Fundj  the  Metropolitan  Authority  shall  establish  in  district  Bank  accounts 
a  Loans  Fund  for  the  purposes  of  (a)  receiving  all  monies  borrowed  by  it 
including  all  repayments  of  loan  instillments  together  with  payment  of  interest 
made  by  the  borrower  on  loans,  (b)  providing  all  moneys  to  be  made  available 
by  the  Authority  as  loans  or  advances  to  local  authorities  and  other 
authorities  or  persons,  (c)  repayment  of  loans  raised  by  the  Authority  for 
the  purpose  of  this  Act,  and  (d)  expenditure  on  projects  and  schemes. 

(2)  All  matters  connected  with  the  Loans  Fund  shall  be  governed  by  the 

regulations  made  in  this  behalf.J 

19. 

(1)  The  Metropolitan  Authority  shall  make  provisions  for  a  reserve 
fund  and  may  provide  for  other  specially  denominated  funds  as  it  deems  fit. 
(2)  The  management  of  the  funds  referred to  in  sub-section  (1),  the  sums 
to  be  transferred  from  time  to  time  to  the  credit  thereof  and  the  application 
of  money  comprised  therein,  shall  be  determined  by  the  Metropolitan 
Authority. 

20.  All  property,  funds  and  other  assets  vesting  in  the  Metropolitan 
Authority  shall  be  held  and  applied  by  it  for  the  purposes  and  subject  to 
the  provisions  of  this  Act. 

21.  The  Metropolitan  Authority  may,  with  the  previous  approval  of  the 
State  Government,  borrow  any  moneys  for  carrying  out  the  purpose  of this 
Act  or  for  servicing  any  loan  obtained  by  it,  at  such  rates  and  on  such 
conditions  as  the  State  Government  may  determine  at  the  time  the  moneys 
are  borrowed. 

3  21A.  The  Metropolitan  Authority  shall be  competent  to  give  grants, 
advances  or  loans  to,  or  to  share  expenses  with,  any  local  authority  or  other 
authority  in  the  Metropolitan  Region,  for  any  of  the  purposes  of  section 
12,  and  notwithstanding  anything  contained  in  any  law  for  the  time  being 
Born.  in  force,  4Ibut  subject  to  the  restrictions  (if any)  contained  in 
the  Mumbai 
III of  Municipal  Corporation  ActJ,  it  shall  be  lawful  for  such  other  authority  to 
1888.  accept  such  grants,  advances  or  loans  or  share  in  the  expenses,  subject  to 
such  terms  and  conditions  as  the  Metropolitan  Authority  may,  from  time  to 
time,  in  consultation  with  such  other  authority,  specify.J 

i 

Section  18A  was  inserted  by  Mah.  29  of 1976,  s.  15. 

2  These  words  were  substituted  for  the  words  "the  Bornbay  Metropolitan  Region 

Developrnent  Fund"  by  Mah.  25  of 1996,  s.  2,  Schedule,  entry  (2),  sub-entry  11. 

3  Section  21A  was  inserted  by  Mah.  59  of 1975,  s.  6. 
4  These  words  and  brackets  were  inserted  by  Mah.  29  of 1976,  s.  16. 
5  These  words  were  substituted for  the  words  "Bornbay  Municipal  Corporation  Act"  by 

Mah.  25  of 1996,  s.  2.  Schedule,  entry  (2),  sub-entry  12. 

Loans  Fund. 

Reserve  and 
other  Funds. 

Application  of 
Funds,  etc. 

Power  to 
Metropolitan 
Authority  to 
borrow. 

Power  to 
Metropolitan 
Authority  to 
finance  projects 
and  schernes 
and  irnpose 
conditions 
the refo r. 

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16 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975  :  Mah. 1V 

i  21B.  The  State  Government  may  guarantee  repayment  of the  principal 
State  guarantee 
to  loans  taken  o,  and  interest  on,  any  loan  raised  or  given  by  the  Metropolitan  Authority 
°:':it;  or  transferred  to  it,  for  the  purposes  of  this  Act,  subject  to  such  conditions 

as  the  State  Government  may  think  fit  to  impose.J 

Accounts  and 

22. 

(1)  The  Metropolitan  Authority  shall  keep  accounts  in  such  form 
Audit,  and  in  such  manner as  it  may  by  regulations  made  in  this  behalf determine. 
(2)  The  accounts  of  the  Metropolitan  Authority  shall  be  audited by  the 
Chief Auditor,  Local  Fund  Accounts  2  or  by  any  other  auditor  appointed  by 
the  State  Government  from  time  to  timej. 

Budget. 

Annual  Report. 

(3)  The  audit  shall  be  made  in  such  manner  as  may  be  determined  by 

regulations. 

(4)  The  auditor  shall  submit  his  audit  report  to  the  Metropolitan  Authority 

and  shall  forward  a  copy  thereof  to  the  State  Government. 

23. 

(1)  3  The  Member-Secretaryj  of  the  Authority  shall  prepare,  every 
year,  in  such  form  and  at  such  time  as  may  be  prescribed,  an  annual  budget 
estimate  in  respect  of the  financial  year  next  ensuing  showing  the  estimated 
receipts  and  disbursements  of the  Metropolitan  Authority  and  shall  submit 
it  to  the  Metropolitan  Authority  for  approval. 

(2)  3The  Member-Secretaryj  shall  forward  to  the  State  Government  copies 
of the  budget  estimate  so  prepared  by  him  and  the  budget  as  approved  by 
the  Metropolitan  Authority. 

24.  The  Metropolitan  Authority  shall  prepare  after  the  end  of  each  year 
(ending  on  the  3 ist  day  of  March),  a  report  of  its  activities  during  the 
previous  year  and  submit  it  to  the  State  Government  before  the  3 0th  day 
of November  and  the  State  Government  shall  cause  a  copy  of such  report 
to  be  laid  before  the  State  Legislature. 

424A.  The  Metropolitan  Authority  shall  not  and  shall  not  be  required 
Operations  of 
Authority  not  to  carry  out  any  of  its  operation  under  this  Act  at  a  loss.  Any  deficit  in 
to  be  carried 
the  Mumbai  Metropolitan  Region  Development  Fundj  in  any  financial  year 
out  at  a  loss 
shall  be  made  good  by  the  Authority  not  later  than  those  of  the  next 
succeeding  financial  yearj. 

. 

. 

. 

. 

CHAPTER VI 
PowERs OF  TAXATION 

Power  to  levy 

ui 
b  M 

ingsan 

25. 

(1)  The  State  Government  may,  upon  a  request  received  from  the 
on  Metropolitan Authority  by  notification  in  the  Official  Gazette,  levy  a  cess 
on  buildings  and  lands  in  6  the  Mumbai  Metropolitan  Regioni  or  any  part 
thereof,  at  such  rate  not  exceeding  five  per  centum,  as  may  be  determined 
by  the  State  Government,  of the  ratable  value  of the  property 

Section  21B  was  inserted  by  Mah.  29  of  1976,  s.  17. 
These  words  were  inserted,  ibid.,  s.  18. 
These  words  were  substituted  for  the  words  "the  Financial  Adviser"  by  Mah.  39  of 
1989,  s.  7. 
Section  24A  was  inserted  by  Mah.  29  of  1976,  s.  20. 
These  words  were  substituted  for  the  word  "Bombay  Metropolitan  Region 
Development  Fund"  by  Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  13. 
These  words  were  substituted  for  the  words  "Bombay  Metropolitan  Region"  by 
Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  14. 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

17 

Provided  that  all  buildings  or  parts  thereof,  which  are  erected  before  the 
1st  day  of  April  1960,  and  the  lands  on  which  they  are  erected,  shall  be 
exempt  from  the  payment  of the  cess. 

(2)  Such  cess  may  be  levied  at  different  rates  for  different  areas  and  for 

different  classes  of  properties. 

(3)  The  cess  shall  be  collected  by  the  local  authority  within  whose  areas 
the  properties  are  situated  as  if the  cess  were  a  property  tax  levied  by  it 
under  the  law  governing  that  local  authority  and  shall  first  be  credited  to 
the  Consolidated  Fund  of  the  State,  after  deducting  such  portion  thereof 
as  may  be  prescribed  as  collection  charges. 

(4)  The  State  Government  shall  afler  the  appropriation  made  by  the  State 
Legislature  by  law  in  this  behalf,  pay  to  the Authority,  from  time  to  time, 
from  out  of  the  proceeds  of  the  cess  sums  equivalent  to  the  net  amount 
of  the  cess  credited  to  the  Consolidated  Fund  of  the  State  for being  utilised 
by  the  Authority  for  the  purposes  of  this  Act. 

(5)  Notwithstanding  anything  contained  in  the  Bombay  Rents,  Hotel  and 
Born. 
LVII  Lodging  House  Rates  Control  Act,  1  947,  a  landlord  shall  not,  in  respect  of 
19:;  any  premises  situated  in  the  Metropolitan  Region,  be  entitled  to  make  any 
increase  in  the  rent  of the  said  premises  on  account  of  the  payment  by  him 
of  the  cess  levied  under  this  section. 

26.  (1)  Where,  in  the  opinion  of  the  Metropolitan  Authority  as  a  Power  of 
consequence  of  any  development  project  or  scheme  having  been  executed  Metropolitan 
by  the  Metropolitan  Authority  in  any  area,  the  value  of  any  land  in  that  Authority  to 
area  has  increased  or  will  increase,  the  Metropolitan  Authority  shall  be  beJerrnent 
entitled  to  levy  upon  the  owner  of  the  land  or  any  person  having  an  interest  charges. 
therein,  a  betterment  charge  in  respect  of  the  increase  in  value  of the  land 
resulting  from  the  execution  of  the  development  project  or  scheme. 

(2)  Such  betterment  charge  shall be  an  amount  not  exceeding  one-half 
of  the  amount  by  which  the  value  of  the  land  on  the  completion  of  the 
execution  of the  development  project  or  scheme,  estimated  as  if  the  land 
were  clear  of buildings,  exceeds  the  value  of the  land  immediately  before 
such  execution  estimated in  like  manner 

Provided that,  in  levying  betterment  charge  on  any  land,  the  Metropolitan 
Authority  shall  have  regard  to  the  extent  and  nature  of benefit  accruing  to 
the  land  from  the  development  project  or  scheme  and  such  other  factors 
as  may  be  laid  down  by  rules  made  in  this  behalf. 

(3)  No  betterment  contribution  shall  be  payable  by  the  Government,  the 
Authority  or  other  local  authority  in  respect  of any  land  which  is  the  property 
of the  Government,  the  Authority  or  other  local  authority  or  by  any  public 
institution  in  respect  of  any  land  belonging  to  such  institution,  if,  and  so 
long  as,  such  land  is  used  for  a  public  charitable  or  religious  purpose. 

27. 

(1)  When  it  appears  to  the  Metropolitan  Authority  that  any  Assessrnent  of 

particular  development  project  or  scheme  is  sufficiently  advanced  to  betterrnent 
enable  the  amount  of  the  betterment  charge  to  be  determined, 
the  Metropolitan  Authority  may,  by  an  order  made  in  this  behalf,  declare  Authority. 
that  for  the  purpose  of  determining  the  betterment  charge  the  execution 

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of the  development  project  or  scheme  shall  be  deemed  to  have been  completed 
and  shall  thereupon  give  notice  in  writing to  the  owner  of the  land  or  any  person 
having  an  interest  therein  that  the  Metropolitan Authority  proposes  to  assess 
the  amount  of  the  betterment  charge  in  respect  of  the  land  under  the  last 
preceding  section. 

(2)  The  Metropolitan  Authority  shall  then  assess  the  amount  of betterment 
charge  payable  by  the  person  concerned  afler  giving  such  person  a  reasonable 
opportunity  to  be  heard  and  such  person  shall,  within  three  months  from  the 
date  of receipt  of the  notice  in  writing  of  such assessment  from  the  Metropolitan 
Authority,  inform  the  Metropolitan  Authority  by  a  declaration  in writing  that 
he  accepts  the  assessment  or  dissents  from  it. 

(3)  When  the  assessment  proposed  by  the  Metropolitan  Authority  is 
accepted  by  the  person  concerned  within  the  period  specified  in  sub-section 
(2)  such  assessment  shall  be  final. 

(4)  If the  person  concerned  dissents  from  the  assessment  or  fails  to  give 
the  Metropolitan  Authority  the  information  required  by  sub-section  (2)  within 
the period  specified  therein,  the matter  shall be  determined  by  arbitrators  in the 
manner provided  in  the  next  following  section. 

Settlement  of 

28. 

(1)  For  the  determination  of  the  matter  referred  to  in  sub-section  (4) 
betterment  of the  last  piceding  section,  the  State  Government  shall  appoint thie  arbitrators 
charge  by 
arbitrators.  of  whom  one  shall  be  a  City  Civil  Court  Judge  or  District  Judge  or  who  has 
been  such judge  and  two  others  shall  possess  such  technical  qualifications  as 
may  be  prescribed. 

(2)  The  arbitrators  shall  follow  such  procedure  as  may  be  prescribed. 
(3)  The  arbitrators  shall,  for  purpose  of  determining  any  matter  referred  to 
them  have  the  same  powers  as  are  vested  in  a  Civil  Court  under  the  Code  of  19 
Civil  Procedure,  1908,  when  trying  a  suit,  in  respect  of the  following  matters, 
namely  :- 

(a)  summoning  and  enforcing  the  attendance  of any  person  and  examining 

him  on  oath; 

(b)  requiring  the  discovery  and  production  of  any  document; 
(c)  receiving  evidence  on  affidavits; 
(cl)  requisitioning  any  public  record  from  any  Court  or  office; 
(e)  issuing  commissions  for  examination  of  witnesses. 

(4)  In  the  event  of  any  difference  of  opinion  among  the  arbitrators,  the 
decision  of  the  majority  shall  prevail  and  that  decision  shall  be  the  award  of 
the  arbitrators. 

(5)  If  any  arbitrator  dies,  resigns  or  is  removed  under  sub-section  (6)  or 
refuses  or  neglects,  in  the  opinion  of  the  State  Government,  to  perform  his 
duties,  or  becomes  incapable  of performing the  same,  then  the  State  Government 
shall  forthwith  appoint  another  fit person  to  take  the  place  of  such  arbitrator. 
(6)  If  the  State  Government  is  satisfied  afler  such  inquiry  as  it  thinks  fit- 
(a)  that  an  arbitrator  has  misconducted  himself,  the  State  Government  may 

remove  him  from  his  office; 

(b)  that  the  award  of  the  arbitrators  has  been  improperly  procured 

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The  Mumbai  Metropolitan  Region  Development 
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19 

or  that  any  arbitrator  has  misconducted  himself  in  connection  with  such 
award,  the  State  Government  may  set  aside  the  award. 
(7)  An  award  which  has  not  been  set  aside  by  the  State  Government  under 
clause  (b)  of  sub-section  (6)  shall  be  final  and  shall  not  be  questioned  in  any 
Court. 

X  of 
1940.  under  this  section. 

(8)  The  provisions  of the  Arbitration Act,  1940,  shall  not  apply to  arbitration 

29. 

(1)  The  betterment  charge  levied  under  this  Act  shall  be  payable  in  Payment  of 
such  number  of  instalments  and  each  instalment  shall  be  payable  at  such  time  betterment 
and  in  such  manner  as  may  be  fixed  by  rules. 

charge. 

(2)  Any  arrear  of betterment  charge  shall bear  interest at  the  prescribed  rate 

and  shall  be  recoverable  as  an  arrear  of  land  revenue. 

30. 

(1)  Any  person  liable  to  the  payment  of  betterment  charge  may,  at  his  Betterment 

option  instead  of  making  a  payment  thereof  to  the  Metropolitan  Authority,  charge  a 
execute  an  agreement  with  the  Authonty  to  leave  the  said  payment  outstanding 
as  a  charge  on  his  interest  in  the  land,  subject  to  the  payment  in  perpetuity 
of interest  at  the  prescribed  rate,  the  first  annual  payment  of  such  interest  being 
made  at  such  time  and  in  such  manner  as  may  be  fixed  by  the  rules 

first  charge 
on  land 

. 

. 

. 

. 

Provided that,  within  a  period  of ten  years  from the  date  on  which the  first 
payment  of  interest  is  made  by  any  person,  he  may,  at  any  time,  pay  the 
betterment  charge  in  full  in  a  lumpsum  and  thereupon  the  agreement  executed 
by  him  shall  stand  terminated  and  the  charge  created  by  him  on  his  interest 
in  the  land  shall  also  stand  released. 

(2)  Every  payment  due  from  any  person  in  respect  of  a  betterment  charge 
and  every  charge  referred  to  in  sub-section  (1)  shall  notwithstanding  anything 
contained  in  any  other  law  for the  time being  in  force  but  subject  to  the  payment 
of  any  dues  of the  Government,  or  of  any  local  authority,  be  the  first  charge 
upon  the  interest  of  such  person  in  such  land. 

APPLICATION  OF  WITH  OR  WITHOUT  MODIFICATIONS  OR  EXEMPTION  FROM  CERTAIN 

ENACTMENTS  TO  THE  METROPOLITAN  AUTHORITY. 

CHAPTER VII 

31.  The  enactments  mentioned  in  Schedule  II  shall  apply,  with  or  without  Application  of 

modifications,  or  shall  not  apply  to  the  Metropolitan  Authority,  or  shall  be  certain 
amended  to  the  extent  and  in  the  manner  mentioned  in  that  Schedule. 

. 

. 

. 

CHAPTER Vm 

ACQUISITION  OF  LAND 

enactments  to 
the  Authority 
with  certain 
modification 
etc. 

32. 

(1)  Where,  on  any  representation  from  the  Metropolitan  Authority,  Power  of 

it  appears  to  the  State  Government  that,  in  order  to  enable  the  State 
Authority  to  discharge  any  of  its  functions  or  to  exercise  any  of  its  Government 
powers  or  to  carry  out  any  of  its  projects  or  schemes  or  development 
or  to  provide  any  amenity  by  itself  or  through  any 
programmes, 
recognised  agencyj  it  is  necessary  that  any  land  in  any  part  of  the 
Metropolitan  Region  should  be  acquired,  the  State  Government  may 

to 
land. 

acquire 

i  These  words  were  inserted  by  Mah.  31  of  1987,  s.  2(a). 

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acquire  the  land by  publishing  in  the  Official  Gazette  a  notification  to  the  effect 
that  the  State  Government  has  decided  to  acquire  the  land in  pursuance  of this 
section: 

Provided  that,  before  publishing  such  notification,  the  State  Government  shall 
by  notice  published  in  the  Official  Gazette  and  served  in  the  prescribed  manner, 
call  upon  the  owner  of,  or  any  other  person  who,  in  the  opinion  of  that 
Government,  may  be  interested  in  such  land  to  show  cause,  why  it  should  not 
be  acquired,  and  afler  considering  the  cause  if  any,  shown  by  the  owner  or 
any  other  person  interested  in  the  land,  the  State  Government  may  pass  such 
order  as  it  deems  fit. 

i  Explanation. - For the purposes of this  Chapter "recognised  agency"  means 
any Department  of the  Central  Government  or  the  State  Government  or  a  local 
authority  or  a  Government  Company  as  defined  in  section  617  of the  Companies  j  of 
Act,  1956  or  any  other  Corporation  or  Government  undertaking  established  by  1956. 
or  under  any  law  for  the  time  being  in  forcej. 

(2)  The  acquisition  of  land  for  any  purpose  mentioned  in  sub-section  (1) 
shall  be  deemed  to  be  a  public  purpose  2 rand  the  acquisition  of  any  land  for 
such  purpose  shall  in  all  cases  be  made  in  accordance  with  the  relevant 
provisions  of  this  Chapterj. 

(3)  When  a  notification  as  aforesaid  is  published  in  the  Official  Gazette, 
the  land  shall,  on  and  from  the  date  on  which  the  notification  is  so  published, 
vest  absolutely  in  the  State  Government  free  from  all  encumbrances. 

33. 

Power  of  State 

(J)  Subject  to  the  provisions  of  section  43,  where  any  land  is  vested 
Government  in  the  State  Government  under  sub-section  (3)  of  section  32,  the  State 
to  require  Government  may,  by  notice  in  writing,  order  any  person  who  may  be  in 
person  1I  possession  of  the  land  to  surrender  or  deliver  possession  thereof  to  the  State 
Government  or  any  person  duly  authorised  by  it  in  this  behalf  within  thirty 

possession 

surrender  or  days  of  the  service  of  the  notice. 

G 

deliver 

(2)  if any  person  fails  or  refuses  to  comply  with an  order  under  sub-section 
possession  (1),  the  State  Government  may  take  possession  of  the  land  and  may  for  that 
thereof to  purpose  use  such  force  as  may  be  reasonably  necessary. 
tate 
overnmen, 

(3)  Where any land  is taken possession of as  aforesaid,  the  State  Government 
shall  make  that  land  available  to  the  Metropolitan  Authority  for  the  purpose 
of  discharging  its  functions  and  exercising  its  powers 
or  to  the  recognised 
agency  for  providing  an  amenity  for  which  the  land  is  acquired,  as  the  case 
may  bel. 

34  Every  person  having  any  interest  in  any  land  acquired  under  this 
Right  to  receive 
an  amount  for  Chapter  shall  be  entitled  to  receive  from  the  State  Government  an  amount  as 

acquisition.  provided  hereafler  in  this  Chapter. 

LANDS  IN  Mumicipj.  AREAS 

35. 

Basis  for 

(1)  Where  any  land  (including  any  building  thereon)  is  acquired  and 
determination  vested  in  the  State  Government under  this  Chapter  and  it  is  situated  in  4[Brihan 
of  amount  for  Mumbaij  or  any  area  within  the  jurisdiction  of  any  municipal  council  in  the 
acquisition  of 
lands  in  Metropolitan Region,  the  State  Government  shall  pay  for  such  acquisition  an 
municipal  amount,  which  shall  be  determined  in  accordance  with  the  provisions  of  this 

areas.  section. 

i 

This  Explanation was  added  by  Mah.  31  of  1987,  s.  2(b). 

2  These  words  were  inserted  by  Mah.  26  of  1975,  s.  6. 
3  These  words  were  added  by  Mah.  31  of  1987,  s.  3. 
4  These  words  were  substituted  for  the  words  "Greater  Bombay"  by  Mah.  25  of 

1996,  s.  2,  Schedule,  entry  (2),  sub-entry  15. 

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(2)  Where  the  amount  has  been  determined  with  the  concurrence  of  the 
Authority,  by  agreement  between  the  State  Government  and  the  person  to  whom 
it  is  payable,  it  shall  be  determined  and paid  in  accordance  with  such  agreement. 
(3)  Where  no  such  agreement  can  be  reached,  the  amount  payable  in respect 
of  any  land  acquired  shall  be  an  amount  equal  to  one  hundred  times,  the  net 
average  monthly  income  actually  derived  from  such  land,  during  the  period  of 
five  consecutive  years  immediately  preceding  the  date  of  publication  of  the 
notification  referred  to  in  section  32,  as  may  be  determined  by  the  Competent 
Authority. 

(4)  The  net  average  monthly  income  referred  to  in  sub-section  (3)  shall  be 
calculated  in  the  manner  and  in  accordance  with  the  principles  set  out  in 
Schedule  III. 

(5)  The  Competent  Authority  shall  afler  holding  an  inquiry  in  the  prescribed 
manner  determine  in  accorthnce  with the  provisions  of  sub-section  (4)  the  net 
average monthly  income  actually  derived  from  the  land.  The  Competent  Authority 
shall  then  publish  a  notice  in  a  conspicuous  place  on  the  land  and  serve  it 
in  the  prescribed  manner  and  calling  upon  the  owner  of  the  land  and  every 
person  interested  therein  to  intimate  to  it  before  a  date  specified  in  the  notice 
whether  such  owner  or  person  agrees  to  the  net  average  monthly  income 
actually  derived  from  the  land  as  determined  by  the  Competent  Authority. 
If  such  owner  or  person  does  not  agree,  he  may  intimate  to  the  Competent 
Authority  before  the  specified  date  what  amount  he  claims  to  be  such  net 
average  monthly  income. 

(6)  Any  person  who  does  not  agree  to  the  net  average  monthly  income  as 
determined  by  the  Competent Authority  under  sub-section  (5)  and  the  amount 
for  acquisition  to  be  paid  on  that  basis  and  claims  a  sum  in  excess  of  that 
amount  may  prefer  an  appeal  to  the  Tribunal,  within  thirty  thys  from  the  date 
specified  in  the  notice  referred  to  in  sub-section  (5). 

(7)  On  appeal,  the  Tribunal  shall,  afler  hearing the  appellant,  determine  the 
net  average  income  and  the  amount  to  be  paid  on  that  basis  and  its 
determination  shall  be  final  and  shall  not  be  questioned  in  any  Court. 

36. 

(1)  Where  the  owner  of the  land  and  the  owner of the  building  thereon  Apportionment 

are  different  persons  or  several  persons  claim  to  be  interested  in  the  amount  of  amount  for 
for  acquisition  determined  under  the  last  preceding  section,  the  Competent  acquisition. 
Authority  shall  determine  the  persons  who  in  its  opinion  are  entitled to  receive 
the  same  and  the  sum  payable  to  each  of  them. 

(2)  if any  dispute  arises  as  to  the  apportionment  of  the  amount  or  any  part 
thereof,  or  as  to  the  persons  to  whom  the  same  or  any part  thereof is  payable, 
the  Competent  Authority  may  refer  the  dispute to  the  decision  of  the  Tribunal; 
i  of  and  the  Tribunal  in  deciding  any  such  dispute  shall  follow  the  provisions  of 
1894.  Part  III  of  the  Land  Acquisition  Act,  1894. 

37. 

(1)  After  the  amount  for  acqmsition  has  been  determined,  the  Competent  Payment  of 
Authority  shall,  on  behalf of the  State  Government,  tender  payment  of,  and  pay  amount  for 
the  amount  to  the  persons  entitled  thereto. 

. 

acquisition  or 
deposit  the 

(2)  If  the  persons  entitled  to  the  amount  do  not  consent  to  receive  it,  same  in  Court. 

or  if  there  be  any  dispute  as  to  the  title  to  receive  the  same  or  as  to 
the  apportionment  of it,  the  Competent  Authority  shall  deposit  the  amount 

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in  '[Brihan  Mumbaij,  in  the  Bombay  City  Civil  Court  and in  any  other  municipal 
area  in the  Court  of the  District  Judge,  and  that  Court  shall  deal  with the  amount 
so  deposited  in  the  manner  laid  down  in  sections  32  and  33  of  the  Land 
Acquisition  Act,  1894. 

I  of 
1894. 

Powers  of 

38. 

(1)  The  Competent  Authority  may,  for  the  purpose  of  determining  the 
Auttin  amount  for  acquisition  or  apportionment  thereof,  require  by  order  any  person 
relation  to  to  furnish  such  relevant  information  in  his  possession  as  may  be  specified  in 
determination  the  order. 
of the  amount 
for  acqusitions, 

(2)  The  Competent Authority  shall,  while  holding  an  inquiry  under  section 
have  all  the  powers  of  a  Civil  Court while  trying  a  suit  under  the  Code  of 

Civil  Procedure,  1908,  in  respect  of  the  following  matters,  namely  :- 

(a)  summoning  and  enforcing  the  attendance  of any  person  and  examining 

him  on  oath; 

(b)  requiring  the  discovery  and  production  of  any  document; 
(c)  receiving  evidence  on  affidavit; 
(cl)  requisitioning  any  public  record  from  any  Court  or  office; 
(e)  issuing  commissions  for  examination  of  witnesses. 

V  of 
1908. 

Payment  of 
interest. 

. 

. 

39  When  the  amount  for  acquisition  is  not  paid  or  deposited  on  or  before 
taking  possession  of the  land,  the  Competent  Authority  on  behalf of the  State 
Government  shall  pay  the  amount  determined  with  interest  thereon,  from  the 
time  of  so  taking  possession  until  the  amount  shall  have  been  so  paid  or 
deposited,  at  the  rate  of  4  per  cent.  per  annum  for  the  first  six  months  and 
thereafler  at  the  rate  of  9  per  cent.  per  annum. 

ut  orities 

Appointment 
4Ø  The  State  Government  may,  by  notification  in  the  Official  Gazette, 
ofCompetent  appoint  an  officer  who  is  holding  or  has  held  an  office,  which  in  its  opinion 
not  lower  in  rank  than  that  of  Deputy  Collector  or  Executive  Engineer,  to 
be  a  Competent  Authority  for  the  purposes  of  the  foregoing  provisions  of  this 
Chapter,  and  one  or  more  such  officers  may  be  appointed  for the  whole  of  any 
municipal  area  or  areas  or  any  part  thereof 

Appointment 
41.  The  State  Government  may,  by  notification  in  the  Official  Gazette, 
of  Tribunal.  constitute  a  Tribunal  consisting  of the  President  (being  a  person  who  is  holding 
or  has  held  any judicial  office  not  lower in  rank  than  that  of  City  Civil  Court 
Judge  or  District  Judge  for  a  period  of not  less  than  five  years)  and  a  person 
who  is  holding  or  has  held  an  office  not  below  the  rank  of  Deputy  Director 
of  Town  Planning  and  a  person  who  is  holding  or  has  held  office  not  below 
the  rank  of  Superintending  Engineer  to  Government. 

LANDS  IN  Ruiii.  AiA 

42. 

Basis  for 

(1)  Where  any  land  (including  any  building  thereon)  is  acquired  and 
determination  vested  in  the  State  Government  under  this  Chapter  and  it  is  situated  in  any 
of  amount  for 
[Bnhan Miimbaij  and  any  area  within 
acquisition  of  P 
lands  in rural  the jurisdiction  of  any municipal  council  (in  this  Chapter  referred  to  as  "a  rural 
areas  and  other  area"),  the  State  Government  shall  pay for  such  acquisition  an  amount,  which 

of the  Metropolitan  Region,  excluding 

. 

. 

. 

. 

. 

. 

procedure.  shall  be  determined  in  accordance  with  provisions  of  this  section. 

i 

These  words  were  substituted  for  the  words  "Greater  Bombay"  by  Mah.  25  of  1996,  s.2, 
Schedule,  entry  (2),  sub-entry  16. 

2  These  words  were  substituted  for  the  words  "Greater  Bombay"  by  Mah.  25  of  1996, 

s.  2,  Schedule,  entry  (2),  sub-entry  17. 

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1975 :  Mah. 1VJ  The  Mumbai  Metropolitan  Region  Development 

23 

Authority  Act,  1974 

(2)  Where  the  amount  has  been  determined,  with  the  concurrence  of  the 
Authority  by  agreement  between  the  State  Government  and  the  person  to  whom 
it  is  payable,  it  shall  be  determined  and paid  in  accordance  with  such  agreement. 

(3)  Where  no  such  agreement  can  be  reached,  the  State  Government  shall 
refer  the  case  to  the  Collector,  who  shall  determine  the  amount  for  acquisition 
I  of  in  accordance  with  the  principles  for  determining  compensation  laid  down  in 
1894.  the  Land  Acquisition  Act,  1894,  and  the  provisions  of  that  Act  (including 
provisions  for  reference  to  Court  and appeal)  shall  apply  theito  mutatis  mutandis 
as  if  the  land  has  been  acquired  and  compensation  had  to  be  determined, 
apportioned  and  paid  under  the  provisions  of  that  Act,  subject  to  the 
modifications  that  references  in  sections  23  and  24 of that  Act  to  the  date  of 
publication of  the  notification  under  section  4,  sub-section  (1),  were  references 
to  the  date  on  which  the  notice  under  the  proviso  to  sub-section  (1)  of  section 
32 is  published  and  the  references  to  the  time  or  date  of  the  publication  of 
the  declaration  under  section  6  were  references  to  the  date  of  publication  of 
the  notification  under  sub-section  (3)  of  section  32 of  this  Act  in the  Official 
Gazette. 

Explanation. -In this  section,  "Collector"  means  the  Collector  of a  District, 
and  includes  any  officers  specially  appointed  by  the  State  Government  or  by 
I  of  the  Commissioner  to  perform  the  functions  of  a  Collector  under  the  Land 
1894.  Acquisition  Act,  1894. 

ALTERNATIVE  AccooDATIoN 

43.  Where  any  building  is  acquired  under  this  Chapter  and  is  vested  in 
the  Authority  and  is  proposed  to  be  demolished,  it  shall  be  the  duty  of  the 
Authority,  before  evicting  the  occupiers,  to  provide  such  alternative 
accommodation,  at  such  place  and  of  such  nature  and  size,  as  the  Authority 
may  deem  fit,  and  on  such terms  and  conditions  as  the  Authority  may  determine, 
only  to  those  persons  who  are  occupiers  of  residential  premises  in the  building, 
either  as  an  owner  or  tenants,  and  who  are  actually  residing  in  the  building 
at  the  time  of  their  eviction.  If  any  occupier  fails  to  accept  and  occupy  the 
alternative  accommodation  allotted  to  him,  within  45 days  from  the  date  of 
allotment,  the  responsibility  of  the  Authority  to  provide  him  with  such 
accommodation  shall  cease.  The  decision  of the Authority  as  regards  any  matter 
contained  in  this  section  shall  be  final  and  shall  not be  questioned  in  any  Court. 

Alternative 
accornrnodation 
to  occupiers  of 
residential 
prernises 
where  any 
acquired 
building  is  to  be 
dernolished. 

Born. 

Explanation. - i  IJ  In  this  section,  "building"  means  a  house  or  tenement  or 
I8f  tenements  let  or  intended  to  be  let  or  occupied  separately,  but  does  not  include 
any building which  is  unauthorised  or  which  is  a  temporary  building  as  defined 
in  clause  (sb)  of  section  3  of  2  the  Mumbai  Municipal  Corporation  ActJ. 

i  Explanation  II. -Where  any building  acquired under  this  Chapter  is  vested 
in  a  recongnised  agency,  all  references  to  the  Authority  in  this  section  shall 
be  construed  as  references  to  the  agency  concernedj. 

i 

The  existing  Explanation  has  been  renurnbered  as  Explanation  I and  Explanation  II  was 
added  by  Mah.  3  of  1987,  s.  4. 

2  These  words  were  substituted  for  the  words  "the  Bornbay  Municipal  Corporation  Act"  by 

Mah.  25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  18. 

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24 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975 :  Mah. 1V 

CHAPTER IX 

MISCELLANEOUS 

Recovery  of 

44 

(1)  Where  any  sum  (not  being  rent  payable  in  respect  of  any 
moneys  due  to  Metropolitan  Authority  premises)  payable  to  the  Authority,  whether  under  any 
the  Authority 
as  arrears  of  agreement,  express  or  implied  or  otherwise,  howsoever,  is  not  paid  on  or  before 
land  revenue.  the  due  date- 

(a)  and  the  claim  is  not  disputed,  the  person  duly  authorised by  the  Authority 
shall  send  to  the  Collector  a  certificate  under  his  hand  indicating  therein  the 
sum  which  is  due  to  the  Authority  or  is  claimed  by  the  Authority  as  the  case 
may  be ;  and  thereupon,  the  Collector  shall  recover  the  sum  due  or  claimed  as 
an  arrear  of  land  revenue; 

(b)  and  the  claim  is  disputed,  it  shall  be  referred  to  a  Tribunal  constituted 
by  the  State  Government for  the  purpose,  which  shall,  afler  making  such  inquiry 
as  it  thinks  fit,  and  afler  giving  to  the  person  by  whom  the  sum  is  alleged  to 
be  payable  a  reasonable  opportunity  of being  heard,  decide  the  question  ;  and 
the  decision  of  the  Tribunal  shall  be  final  and  shall  not  be  called  in  question 
in  any  Court  or  before  any  other  authority  .  Thereupon,  the  Collector  shall 
recover  the  sum  determined  to  be  due  as  an  arrear  of  land  revenue. 

(2)  The  Tribunal  shall  consist  of  one  person,  who  is  not  connected  with 
the  Authority  or  with  the  person  by  whom  the  sum  is  alleged  to  be  payable. 

(3)  The  expenses  of  the  Tribunal  shall  be  borne  by  the  Authority. 

(4)  The  procedure  to  be  followed  by  the  Tribunal  in  deciding  questions 

referred  to  it  shall  be  such  as  may  be  prescribed. 

Lump  sum 

45  (1)  Subject  to rules,  if any,  that  may be  made  under  this  Act,  and  regard 
contribution  by  being  had  to  the fact  that the  Metropolitan  Authority  itself provides  in  the  area 
lieu  of :  within  the jurisdiction  of any  local  authority  or  any  of the  amenities  which  the 

i 
levied  by  local  local  authority  provides,  then  the  Authority  shall  not  be  liable  to  pay the  taxes 
Authorities.  including property  taxes,  if any,  but  it  shall  be  lawful  to  the  local  authority  to 
arrive  at  an  agreement  with the  Authority,  with the  prior  sanction  of the  State 
Government,  to  receive  a  lump  sum  contribution  to  the  local  authority  in  lieu 
of  all  or  any  of  the  taxes  levied  or  services  rendered  by  the  local  authority. 

(2)  Where  no  such  agreement  as  is  referred  to  in  sub-section  (2)  can  be 
reached,  the  matter  may  be  referred  to  the  State  Government  in  such  manner 
as  the  State  Government  may  determine,  and  the  State  Government  may,  afler 
giving  to  the  local  authority  or  the  Authority  or both  a  reasonable  opportunity 
of  being  heard,  decide  the  amount  of  such  contribution.  The  decision  of  the 
State  Government  shall  be  binding  on  both  parties. 

Deduction 

46.  (1)  Any  person  dealing  with  the  Metropolitan  Authority  may  execute 
from  salary  or  an  agreement  in  favour  of  such  Authority providing  that  his  employer  shall  be 
s0oie  competent  to  deduct  from  the  salary  or  wages  payable  to  him  by  the  employer, 
Authority  in  such  amount  as  may  be  specified  in the  agreement,  and  to  pay  to  the  Authority 
certain  cases. 
the  amount  so  deducted  in  satisfaction  of  any debt  or  demand  of the  Authority 
against  such  person. 

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1975: Mah. ¡VI 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

25 

(2)  On  the  execution  of  such  agreement,  the  employer  shall,  if  so  required 
by  the  Authority,  by  requisition  in  writing,  and  so  long  as  the  Authority  does 
not  intimate  that  the  whole  of  such  debt  or  demand  has been  paid,  make  the 
deduction  in  accordance  with the  agreement,  and  pay the  amount  so  deducted 
to  the  Authority  as  if  it  were  a  part  of  the  salary  or  wages  payable  by  the 
Iv of  employer  as  required  under  the  Payment  of  Wages  Act,  1936  on  the  day  on 
1936.  which  the  employer  makes  payment. 

(3)  if,  afler  the  receipt of  a  requisition  made  under  the foregoing  sub-section, 
the  employer  at  any time  fails  to  deduct  the  amount  specified  in  the  requisition 
from  the  salary  or  wages  payable  to  such  person  or  makes  a  default  in  remitting 
the  amount  deducted  to  the  Authority,  the  employer  shall  be  personally  liable 
for  the  payment  thereof;  and  the  amount  shall  be  recoverable  on  behalf of the 
Authority  from  the  employer  as  an  arrear  of  land  revenue. 

(4)  Nothing  contained  in  this  section  shall  apply  to  persons  employed  in 
any  railways  (within  the  meaning  of the  Constitution)  and in  mines  and  oil  fields. 

1  46A. 

(1)  The  Metropolitan Authority  shall  exercise  its  powers  and  perform  Control  by 

. 

its  duties  under  this  Act  in  accorthnce  with  the  policy  framed  and  guidelines  State 
laid  down,  from  time  to  time,  by  the  State  Government  for  development  of the 
areas  in  Metropolitan Region. 

. 

. 

Government. 

(2)  The  Authority  shall  be  bound  to  comply  with  such  directions  which  may 
be  issued,  from  time  to time,  by  the  State  Government  for  efficient  administration 
of  this  Act. 

(3)  If,  in  connection  with  the  exercise  of  the  powers  and  the  performance 
of  the  duties  of the  Authority  under  this  Act,  any  dispute  arises  between  the 
Authority  and  the  State  Government,  the  matter  shall  be  decided  by  the  State 
Government  and  its  decision  shall  be  final. 

46B.  The  Metropolitan  Authority  shall  have  power  to  call  for  any  return,  Power  of 
statement  of  accounts,  report,  statistics  or  other  information  from  any  local  Authority  to 
authority  or  other  authority  or  person  in  the  Metropolitan  Region,  which  is 
required  by  it  in  the  exercise  of  its  powers  and  the  performance  of  its  duties 
under  this  Act,  or  any  other  law  for  the  time  being  in  force  and  such  authority 
or  person  shall  be  bound  to  furnish  such  information.J 

por 

reurns 

246C  The  Authority  may,  by  resolution,  delegate,  from  time  to  time,  any  Power  to 
power  (except  the  power  to  make  regulations)  exercisable  by  it  or  any  function  delegate. 
to  be  discharged  or  any  duty  to  be  performed  by  it,  by  or  under  this  Act  to 
the  Metropolitan  Commissioner  or  the  Executive  Committee  subject  to  such 
terms  and  conditions  as  may  be  specified  in  such  resolutionj. 

47.  Every  officer  and  other  employees  of the  Metropolitan  Authority 

rand  Officers  and 

* 

* 

*  Committees  constituted  under  other 

XIV  every  member  of the4* 

of  this  ActJ  shall  be  deemed  to  be  a  public  servant  within the  meamng  of  section 

. 

. 

. 

. 

. 

. 

1860.  21  of  the  Indian  Penal  Code. 

i 

Sections  46A  and  46B  were  inserted  by  Mah.  29  of 1976,  s.  21. 

2  Section  46C  was  inserted  by  Mah.  39  of 1989,  s.  8. 
3  This  portion  was  inserted  by  Mah.  26  of 1975,  s.  7. 
4  The  words  "Functional  Boards,  other  Boards  and" were  deleted  by  Mah.  30  of 1983,  s.  12. 

employees  of 
the 
Metropolitan 
Authority  to 
be  public 
servants. 

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26 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

11975  :  Mah. 1V 

Co-operation 

i  47-A.  The  Police  Commissioner  of  Mumbai  shall,  as  far  as  may  be, 
by  police.  co-operate  by  himself  and  through  his  subordinates  with  the  Metropolitan 
Commissioner  for  carrying  into  effect  and  enforcing  the  provisions  of this  Act 
and  for  the  maintenance  of  good  order.J 

Indemnity. 

48.  No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  any 
member  or  any  officer  or  other  employee  of  the  Metropolitan  Authority  2 rand 
*  Committees  constituted  under  this  ActJ  for 
any  member 
anything  done  in  good  faith  under  this  Act. 

3  * 

* 

* 

Power  to 
make  rules, 

49 

(1)  The  power  to  make  all  rules  under  this  Act  shall  be  exercisable  by 

the  State  Government  by  notification  in  the  Official  Gazette. 

(2)  Without  prejudice  to  any  power  to  make  rules  contained  elsewhere  in 
this  Act,  the  State  Government  may make  rules  consistent  with  this  Act  generally 
to  carry  out  the  purposes  of  this  Act. 

(3)  All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of 

previous  publication. 

(4)  Every  rule  made  under  this  Act  shall  be  laid  as  soon  as  may  be  afler 
it  is  made  before  each  House  of the  State  Legislature  while  it  is  in  session for 
a  total  period  of thirty  days  which  may  be  comprised  in  one  session  or  in  two 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following,  both  Houses  agree  in  making  any  modification  in  the  rule  or  both 
Houses  agree  that  the  rule  should  not  be  made,  and  notify  such  decision  in 
the  Official  Gazette,  the  rule  shall  from  the  date  of  publication  of  such 
notification  have  effect  only  in  such  modified  form  or  be  of  no  effect,  as  the 
case  may  be  ;  so  however,  that  any  such  modification  or  annulment  shall  be 
without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to  be 
done  under  that  rule. 

Power  to 
make 
regulations. 

. 

5Ø  The  Metropolitan Authority  may,  from  time  to  time,  make  regulations 
for  all  or  any  of  the  matters  to  be  provided  under  this  Act  by  regulations  and 
generally  for  all  other  matters  for  which  provision  is,  in  the  opinion  of  the 
Authority,  necessary  for  the  exercise  of  its  powers  and  the  discharge  of  its 
functions  under  this  Act. 

. 

. 

Effect  of 
51.  The  provisions  of this  Act  shall  have  effect  notwithstanding  anything 
provisions 
inconsistent  inconsistent  therewith  contained  in  any  law  governing  any  local  or  other 
with  other  authority,  in  the  Maharashtra  Regional  and  Town Planning  Act,  1966,  or  in  any  of 

. 

. 

. 

. 

. 

. 

Mah. 

laws.  other  law  for  the  time  being  in  force. 

1966. 

. 

difficulties. 

52. 

Power  to 
If any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act, 
remove  the  State  Government  may  as  occasion  requires  but  not  later  than  two  years 
from the  date  on  which the  Metropolitan  Authority  is  established,  by  order,  do 
anything,  not  inconsistent  with  the  objects  and  purposes  of  this  Act,  which 
appears  to  it  to  be  necessary  or  expedient  for  the  purpose  of  removing  the 
difficithy. 

i 

This  section  was  added  by  Mah.  5  of  2003,  s.  4. 

2  This  portion  was  inserted  by  Mah.  26  of  1975,  s.  8. 
3  The  words  "Functional  Boards,  other  Boards  and"  were  deleted  by  Mah.  30  of 

1983,  s.  13. 

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1975 :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 
SCIWDULE  I 

27 

See  clause  (b)  of  section  2  J 
i  The  Mumbai  Metropolitan  Regioni  shall  comprise  the  whole  of  the  area 
of  2  Brihan  Mumbaij  and  the  parts  of  Thana  and  Kolaba  districts  within  the 
following  boundaries,  namely  :- 

WEST 

NORTH 

EAST 

SOUTh 

... 

... 

... 

... 

Arabian  Sea. 

Tansa  River. 

Eastern  limits  of Kalyan  and  Bhiwandi  Talukas,  upto  the  foot 
hills  of  Sahyadri  in  Karjat  Taluka. 

Patalganga river  upto  villages  Apta  and  Gulsunde,  and  then 
eastern  boundary  of  the  following  villages  of  Pen  Taluka  :- 
Dusvi,  Koshankhar,  Nindarkhar,  Navkhar,  Kharbeloli,  Beloli, 
Ambivali,  Davansar,  Ramraj,  Dhavte ;  and  then  southern 
boundary  of  the  following  villages  of  Pen  Taluka  :- 
Vadgaon,  Maleghar,  Kandla,  Nayagaon  and  Shilottarlang ;  and 
then  further  southern  boundary  of  the  following  villages  of 
Alibag  Taluka  :- 
Shahapur,  Bhangar,  Poyand,  Ambeghar,  Prigaon,  Gan  Tarf 
Parhar,  Sagaon,  Taloli,  Khandala,  Veshvi  and  Alibag. 

SCHEDULE  Il 

See  section  3  1  J 

I.  The  Bombay  Government  Premises  (Eviction)  Act,  1955  (Bom.  II  of  1956). 

The  State  Government  may,  by  notification  in  the  Official  Gazette,  direct  that, 
from  such  date,  as  may  be  specified  therein,  the  said Act  shall  apply  to  premises 
belonging  to,  or  taken  on  lease  by  the  Metropolitan  Authority  as  that  Act 
applies  in  relation  to  Government  premises,  subject  to  the  following  modifications 
in  the  said  Act,  namely  :- 

(a)  in  section  2,  for  clause  (b),  there  shall  be  substituted  the  following 

clauses  :- 

Mah. 
IVof 
1975 

. 

. 

the  Mumbai  Metropolitan  Region  Development 
' (b)  "Authority"  means 
4 
AuthorityJ  established under 
the  Mumbai  Metropolitan  Region  Development 
Authority Act,  1  974J ;  and  "Authority premises"  means  any premises  belonging 
to  or  taken  on  lease  by  that  Authority ;'; 

(b)  for  section  3,  thei  shall  be  substituted  the  following  section,  namely  :- 

. 

. 

i 

These  words  were  substituted  for  the  words  "the  Bombay  Metropolitan  Region"  by  Mah. 
25  of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry  19(a). 

2  These  words  were  substituted  for  the  words  "Greater  Bombay"  ibid.,  s.  2,  sub-entry  19(b). 
3  These  words  were  substituted  for  the  words  "the  Bombay  Metropolitan  Region 

Development  Authority",  ibid.,  s.  2,  Schedule,  entry  (2),  sub-entry  20(a)(i). 

4  These  words  were  substituted  for  the  words  "the  Bombay  Metropolitan  Region 
Development  Authority  Act,  1974",  ibid.,  s.2.  Schedule,  entry  (2),  sub-entry  20(a)(ii). 

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28 

The  Mumbai  Metropolitan  Region  Development 
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11975  :  Mah. ¡V 

"3.  The  State  Govenmient  may,  by  notification  in  the  Official  Gazette,  appoint 
Appointment 
of  competent  an  officer  who  is  holding  or  has  held  an  office  which  in  its  opinion  is  not  lower 
authorities,  in  rank  than  that  of Deputy  Collector  or Executive  Engineer,  to  be  a  Competent 
Authority  for  the  purposes  of this  Act  and  one  or  more  such  officers  may  be 
appointed  for  the  whole  of  the  Bombay  Metropolitan  Region  or  any  part 
thereof"; 

(c)  any  reference  to  "Government  premises"  in  that  Act  shall  be  deemed  to 
be  references  to  "Authority  premises",  and  references  to  the  State  Government 
in  sections  4,  6  and  9  thereof  shall  be  deemed  to  be  references  to  "the 
Authority"; 

(cl)  in  section  6,  in  sub-section  (1)- 
namely  :- 

(i)  afler  clause  (b),  there  shall  be  inserted the  following  word and  clause, 

"or 

(c)  any  employee  of  the  Authority,"; 
(ii)  afler  the  words  "or,  as  the  case  may  be,  the  local  authority"  there 

shall  be  inserted  the  words  "or  the  Authority,". 
II.  The  Maharashtra  Ownership  Flats  (Regulation  of  the  promotion  of 
construction,  sale,  management  and  transfer)  Act,  1963  (Mah.  XLV  of  1963). 
The  said Act  shall  not  apply  to  the  Metropolitan  Authority  or  to  any  land 

or  building  belonging  to  or  vesting  in  that  Authority. 

III.  The  Maharashtra  Regional  and  Town  Planning Act,  1966  (Mah.  XXXVII 

of  1966.) 
be  inserted  the  following  word  and  clause,  namely  :- 

In  the  said  Act,  in  section  40,  in  sub-section  (1),  afler  clause  (b),  there  shall 

"or 
(c)  appoint  1the  Mumbai  Metropolitan  Region  Development  Authorityj 

established under  the  2the  Mumbai  Metropolitan  Region  Development  Authority  Mah. 
IV  of 
Act  1974J.". 
1975. 

SCHEDULE ifi 
See  sub-section  (4)  of  section  351 
Principles for  determination  of the  net  average  monthly  income. 

1.  The  Competent  Authority  shall  first  determine  the  gross  rent  actually 
derived by  the  owner  of the  land  acquired  including  any building  on  such  land 
during  the  period  of  five  consecutive  years  referred  to  in  sub-section  (3)  of 
section  35. 

2.  For  such  determination  the  Competent  Authority  may  hold  any  local 
inquiry  and  obtain,  if necessary,  certified  copies  of extracts  from  the  property 
tax  assessment books  of the  local  authority  concerned  showing  the  rental  value 
of  such  land. 

1  These  words  were  substituted  for  the  words  "the  Bombay  Metropolitan  Region 
Development  Authority"  by  Mah.  25 of  1996,  s.  2,  Schedule,  entry  (2),  sub-entry 
20(b) (i). 

2  These  words  were  substituted  for  the  words  and  figures  "the  Bombay  Metropolitan 
Region  Development  Authority  Act,  1974",  ibid.,  s,2.  Schedule,  entry  (2),  sub-entry 
20(b) (ii). 

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1975  :  Mah. 1VJ 

The  Mumbai  Metropolitan  Region  Development 
Authority  Act,  1974 

29 

3 .  The  net  average  monthly  income  referred  to  in  sub-section  (4)  of 
Section  3  5  shall  be  sixty  per  cent.  of the  average  monthly  gross  rent  which 
shall  be  one-sixtieth  of  the  gross  rent  during  the  five  consecutive  years  as 
determined  by  the  Competent  Authority  under  paragraph  1. 

4.  Forty  per  cent.  of  the  gross  monthly  rental  referred  to  above  shall  not 
be  taken  into  consideration  in  determining  the  net average  monthly  income  but 
shall  be  deducted  in  lieu  of the  expenditure  which  the  owner  of the  land  would 
normally  incur  for  payment  of  any  property  tax  to  the  local  authority,  for 
collection  charges,  income-tax  or bad  debts  as  well  as  for  works  of  repair  and 
maintenance  of  the  buildings,  if any,  on  the  land. 

5.  Where  the  land  or  any  portion  thereof has  been unoccupied  or  the  owner 
has  not  been  in  receipt  of any  rent  for  the  occupation  of  the  land  during  the 
whole  or  any part  of the  said  period  of five  years,  the  gross  rent  shall  be  taken 
to  be  the  income  which  the  owner  would  in  fact  have  derived  if the  land  had 
been  leased  out  for  rent  during  the  said period,  and  for  this  purpose  the  rent 
actually  derived  from  the  land  during  a  period  prior  or  subsequent  to  the  period 
during  which  it  remained  vacant  or  from  similar  land  in  the  vicinity  shall  be 
taken  into  accounts. 

Yeravda  Prison  Press,  Pune-6. 

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Maharashtra  Government Publications 
can  be  obtained  from- 
. THE  DIRECTOR 

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS, 

MAHARASHTRA  STATE, 
Netaji  Subhash  Road,  IVUJMBAT  400 004. 
Phone  : 
2363  06  95 
2363  40  49 

2363  26  93 
2363  11  48 

. THE  MANAGER 

GOVERNMENT  PHOTOZINCO  PRESS  AND  BooK  DEPOT, 
PHOTOZINCO  PRESS  AREA,  NEAR  GPO., 
PUNE  411001. 
Phone  : 
. THE  MANAGER 

61  28  920 

61  25  808 

GOVERNMENT  PRESS  AND  BooK  DEPOT, 
Civil  Lines, 
NAGPUR  440001. 
Phone  : 
52  26  15 
. THE  ASSTT.  DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BooK  DEPOT, 
Shaha  Ganj,  Near  Gandhi  Chowk, 
AURANGABAD  431  001. 
Phone  : 
. THE  MANAGER 

33  14  68 

GOVERNMENT  PRESS  AND  STATIONERY,  STORE 
Tarabai  Park, 
KOLHAPUR  416003. 
Phone  :  65  03  95, 

65  04  02 

AND  THE  RECOGNISED  BOOKSELLERS 

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